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A federal judge ruled in favor of Eli Lilly’s argument and granted the company’s motion to dismiss a proposed Cymbalta lawsuit filed against the pharmaceutical giant by a woman claiming she suffered severe Cymbalta withdrawal symptoms that she and other consumers were not sufficiently warned about.
The motion to dismiss the Cymbalta withdrawal lawsuit was granted by U.S. District Judge Lee H. Rosenthal, who agreed with Eli Lilly’s argument that plaintiff Mary P. had passed the two-year statute of limitations set by Texas law pertaining to personal injury class action lawsuits.
The plaintiff filed this Cymbalta lawsuit in December, alleging that she took Cymbalta until April 2008 and claims that within days of discontinuing the antidepressant, she experienced severe Cymbalta withdrawal symptoms.
In light of her allegations, the judge found that the plaintiff was aware of her Cymbalta injuries as early as 2008 when she claims she stopped her Cymbalta prescription, suffered nervousness and inability to sleep, and was eventually sent to an emergency rooms to treat these and other debilitating Cymbalta withdrawal symptoms a month later.
The plaintiff argued that she was unable to get a legal representative in 2008 when she claims she attempted to first bring the antidepressant discontinuation syndrome class action lawsuit to court for the first time.
However, Judge Rosenthal was unconvinced by her argument, finding, “(She) acknowledges that she knew enough about her claim in 2008 that she ‘sought legal action’ that year. But Texas law is clear that ‘neither the lack of representation nor the attempt to acquire counsel’ tolls the limitations period under Texas law,” according to the Court ruling.
Additionally, Eli Lilly defended itself by demonstrating that the plaintiff’s claims were too late and furthermore characterized Mary as a “prolific pro se litigant,” since she allegedly filed about 16 lawsuits in the past, half of which were against drug companies like Eli Lilly.
The Cymbalta Withdrawal Lawsuit is Case No. 4:14-cv-03481, in the U.S. District Court for the Southern District of Texas.
Cymbalta Antidepressant Discontinuation Syndrome
Mary P. is not the only plaintiff to claim she experienced Cymbalta withdrawal symptoms. Many patients are now filing Cymbalta withdrawal lawsuits against the drug’s manufacturer, seeking relief for these Cymbalta side effects.
Cymbalta is regularly prescribed to treat numerous physical and psychological conditions, such as anxiety, fibromyalgia, chronic muscle and bone pain, and depression symptoms. However, recent medical reports suggest Eli Lilly has not been completely honest with doctors and consumers about the percentage of consumers likely to develop Cymbalta withdrawal symptoms.
In 2005, a Cymbalta drug study was published which suggested that about 51 percent of patients using Cymbalta experienced mild to severe antidepressant discontinuation syndrome symptoms after they discontinued their prescription of this anti-depressant medication.
Some Cymbalta withdrawal side effects 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 against Eli Lilly.
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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