Legal Question in Product Liability in California
physician liability
I am a member of the class-action lawsuit against Eli Lilly for taking Zyprexa and contracting diabetes. I was prescribed the medication by a doctor at the United States Veterans Administration Medical Center in Los Angeles.Iwould like to know if I have legal grounds to file a claim against the V.A. and where would I statr?
1 Answer from Attorneys
Re: physician liability
Lawsuits against the federal government fall under the Federal Tort Claims Act and you should find an attorney (not me) with expertise in FTCA lawsuits. Generally the time limits are shorter and the procedures are more difficult when suing public agencies and their employees. The doctor who prescribed you Zyprexa is not liable unless you can show that his or her doing so was negligent (fell beneath the standard of care of a reasonable physician). The defense lawyers could claim the physician had no reason to know of the danger, and that you contracted diabetes from other causes. I am sorry that you contracted diabetes. Again, you should consult an attorney experienced in FTCA medical malpractice claims without delay to protect your rights.