A Texas federal judge recently dismissed a Cymbalta lawsuit on the basis that the plaintiff’s claim was time barred. The plaintiff, Marilyn P., represented herself in the Cymbalta lawsuit against Eli Lilly Pharmaceuticals, alleging that the pharmaceutical company failed to adequately warn patients taking the prescription medication about withdrawal side affects associated with the Cymbalta.

The federal judge found that under Texas law Marilyn had exceeded the two year statute of limitations for bringing a personal injury claim. Because of this procedural finding, the court was forced to dismiss the claim before hearing any arguments based on the substance of the complaint. Marilyn represented herself pro se in her fight against Eli Lilly. This means that throughout the legal process Marilyn represented herself, rather than using an attorney.

According to the facts of the case Marilyn began taking Cymbalta in April of 2008. She took the medication for four or five days before discontinuing the medication based on advice from her treating physician. Marilyn’s doctor suggested she discontinue the medication after she began experiencing severe chest pain. Immediately after stopping Cymbalta, Marilyn claims she began suffering from severe Cymbalta withdrawal symptoms. Withdrawal symptoms included insomnia, severe headaches, stomach pain and loss of appetite. Marilyn claims she experienced these symptoms for a full month after she stopped taking Cymbalta. Marilyn promptly reported these symptoms to medical professionals while visiting the emergency room.

Eli Lilly defended itself against Marilyn’s lawsuit by stating that her claims were filed too late and noted that she was a prolific pro se litigant. Based on past records, Marylin has filed 16 other lawsuits, most of which were against major drug companies. According to Texas law, plaintiffs filing personal injury lawsuits like Marilyn’s Cymbalta lawsuit have two years from the date the cause of action arises to file a lawsuit. While this two year time limit can be tolled, or extended, for undiscoverable injuries, Marilyn acknowledges that she knew enough about her claim in 2008 that she attempted to take action that year but was unable to acquire legal representation. The court specifically noted that an inability to acquire counsel is an insufficient reason to extend the state determined statute of limitations.

Overview of Cymbalta Withdrawal Lawsuits

Cymbalta, generically known as duloxetine, is a serotonin-norepinephrine reuptake inhibitor (SNRI), manufactured by Eli Lilly to treat severe depression, generalized anxiety disorder and nerve pain associated with fibromyalgia and diabetes. Cymbalta can also be used to treat musculoskeletal pain associated with chronic lower back pain and osteoarthritis.

Unfortunately for many users, discontinuing the use of Cymbalta can result in severe antidepressant discontinuation syndrome. Symptoms of this disorder can include flu-like symptoms, and disturbances in sleep, senses, movement, mood and thinking. Most of these symptoms resolve themselves within one or two weeks, but a 2009 FDA advisory report noted that in severe cases symptoms can last for months. Cymbalta withdrawal lawsuits claim that Eli Lilly omitted important information about withdrawal symptoms from the drug packaging labels. The lawsuits allege this was done in order to boost sales. Personal injury attorneys are currently looking for plaintiffs to bring potential Cymbalta lawsuits.

The Cymbalta Withdrawal Lawsuit is Case No: 4:14-cv-03481, in the U.S. District Court for the Southern District of Texas.