Two plaintiffs recently appealed to the 9th Circuit U.S. Court of Appeals after losing their initial Cymbalta Withdrawal lawsuits.
The women’s lawsuits alleged that Cymbalta’s manufacturer, Eli Lilly & Co., downplayed the side effects associated with stopping the drug and caused the plaintiffs to experience unnecessary pain and suffering.
The plaintiffs in the Cymbalta lawsuits, Claudia H. and Erin H., filed their appeals after losing their trials in August. On August 7, a California jury ruled against Claudia, finding that Eli Lilly did not mislabel the drug and was not liable for Claudia’s withdrawal symptoms.
A few days later, a District Court judge issued a directed verdict in Erin’s trial against Eli Lilly after finding that no reasonable jury could find for the plaintiff.
During Erin’s Cymbalta trial Eli Lily argued that since Erin’s prescribing physician testified that he had not read the warning label before prescribing the medication, Eli Lilly could not be held accountable for the failure to include certain information in the drug pamphlet.
Erin argued that the doctor had actually testified that he could not specifically recall reading the drug warning label, not that he hadn’t read it at all.
Unfortunately for Erin, the judge was skeptical of this interpretation. The judge noted that if the doctor hadn’t read the warning label and Erin could not recall having a conversation with her physician about the potential side effects, past court decisions would prohibit a jury from finding Eli Lily guilty for failing to warn of possible side effects.
Cymbalta Withdrawal
Cymbalta is an oft-prescribed and widely advertised antidepressant. While it is generally accepted that suddenly stopping most antidepressants will cause the user to experience withdrawal symptoms, the withdrawal symptoms of Cymbalta are believed to occur at a much higher rate than the manufacturer initially disclosed.
Cymbalta withdrawal symptoms include severe nausea, vomiting, headaches, dizziness, hot and cold flashes, mood swings, nightmares, anxiety, and several other symptoms.
Product liability attorneys are available for potential plaintiffs looking to bring Cymbalta lawsuits against Eli Lilly. These lawsuits may help hold pharmaceutical companies accountable for their actions and serve to remind them that they owe consumers a duty of care.
Successful Cymbalta lawsuits will also provide victims with compensation for their pain and suffering, as well as any medical bills they’ve incurred due to Cymbalta side effects.
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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