Timothy Boehm v. Eli Lilly & Company

LOKEN, Circuit Judge.

Zyprexa (active ingredient olanza-pine) is an “atypical” or “second generation” antipsychotic drug manufactured and sold by Eli Lilly & Company (“Lilly”). Timothy Boehm’s doctors prescribed Zy-prexa to treat his bipolar disorder from January 2003 until March 2007, when he developed symptoms later diagnosed as tardive dyskinesia (“TD”) — an involuntary movement disorder long recognized as a side effect of antipsychotic drugs. Boehm brought this action, later removed by Lilly, asserting personal injury and product liability claims. The district court 1 granted summary…