U.S. District Court Judge Jack B. Weinstein in Brooklyn, New York, said he will exclude the expert testimony of Dr. Stephen Hamburger. The doctor has offered testimony in some 20 individual Zyprexa cases, seven of which now have pending summary judgment motions before Weinstein, the judge said in a decision issued yesterday.
The Indianapolis-based drugmaker had moved to prevent Hamburger from testifying as an expert witness in the cases. Zyprexa is approved to treat schizophrenia and bipolar disorder. The plaintiffs claim Lilly urged doctors to prescribe Zyprexa for uses not approved by the U.S. Food and Drug Administration.