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A New York federal judge tossed a Cymbalta withdrawal lawsuit, ruling drug manufacturer Eli Lilly & Co. had adequately warned physicians and other health care providers of the possibility of antidepressant withdrawal symptoms on the Cymbalta label.
This decision by the court may have risked the plaintiffs’ odds of consolidating over two dozen Cymbalta withdrawal lawsuits into one multidistrict litigation.
According to U.S. District Judge Robert W. Sweet’s ruling, he granted Eli Lilly’s motion to dismiss the Cymbalta withdrawal lawsuit because he found the Cymbalta label did not mislead healthcare professionals and, additionally, it did accurately describe the potential Cymbalta withdrawal symptoms and negative side effects.
Plaintiff Jesse McDowell originally filed this Cymbalta withdrawal lawsuit in June 2013 alleging Eli Lilly’s “labeling for its anti-depression drug Cymbalta failed to warn adequately about the risk of withdrawal upon continuance and that the Defendant designed the drug defectively, was negligent, breached an implied warranty, made a negligent misrepresentation, committed fraud, and violated state consumer fraud laws.”
McDowell was allegedly first prescribed Cymbalta to manage severe depression in September 2008. He continued to take the Eli Lilly antidepressant until June 2012 when he and his physician decided to taper off his use of Cymbalta. Once he discontinued using the drug, McDowell claims he experienced several Cymbalta withdrawal symptoms including brain zaps, suicidal ideas, headaches, insomnia, and dizziness.
In dismissing McDowell’s Cymbalta lawsuit, Sweet also found that the plaintiff’s doctor who prescribed him Cymbalta was aware of the risks of antidepressant discontinuation syndrome, since at least half of her patients had experience some form of the listed Cymbalta withdrawal symptoms.
Sweet’s decision to dismiss McDowell’s Cymbalta withdrawal lawsuit came in the midst of the plaintiff’s counsel’s attempt to combine this case with 27 other Cymbalta withdrawal lawsuits that similarly allege Eli Lilly failed to warn consumers of all the possible withdrawal symptoms, such as the brain zaps.
According to a products liability practice group, this is the first time summary judgment to dismiss a lawsuit was granted while the same case was pending before the U.S. Judicial Panel on MDL in a consolidated motion.
The Cymbalta Withdrawal Lawsuit is McDowell v. Eli Lilly & Co., Case No. 1:13-cv-03786, in the U.S. District Court for the Southern District of New York.
Cymbalta Antidepressant Discontinuation Syndrome
According to Eli Lilly’s 2005 drug study, over 51 percent of Cymbalta users claimed to have experienced antidepressant discontinuation syndrome and up to 17 percent experienced more severe Cymbalta withdrawal symptoms. It was reported that two weeks into conducting the study, none of the withdrawal symptoms had been resolved.
Some Cymbalta withdrawal side effects drug consumers may experience include:
- Severe nausea
- Vomiting
- Dizziness, light-headedness, vertigo
- Headaches
- Hot and cold flashes
- Mood swings, anxiety, irritability, hostility
- Nightmares
- Electric-shock-like sensations in the brain
- Tingling, tickling, prickling, pricking, or burning sensations of the skin
- Tremors, shaking hands
- Visual disturbances
As a result of this and other studies, many antidepressant consumers are pursuing Cymbalta lawsuits and may choose to join a Cymbalta withdrawal symptoms class action lawsuit in the future.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The Cymbalta attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or Cymbalta class action lawsuit is best for you. [In general, Cymbalta withdrawal lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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