Eli Lilly Shakes Off Nearly All Claims in Cialis Stroke Lawsuit

Cialis maker Eli Lilly & Co. shook off most claims in a man’s suit alleging it didn’t adequately warn doctors about the erectile dysfunction drug’s stroke risk.

David Dearinger raised several claims against the drugmaker in the US District Court for the Western District of Washington, alleging Cialis caused a suffered a stroke that paralyzed the left side of his body.

But his warning claims fail because didn’t offer evidence that a different warning would have changed his doctor’s prescribing decision, Judge John C. Coughenour said Monday in granting summary judgment to Lilly.

Dearinger previously contended that makers of drugs like Cialis, that are marketed directly to patients, should be obligated to warn users as well as physicians. But in 2022, the Washington Supreme Court declined to create an exception to the learned intermediary doctrine, which says a drug manufacturer’s duty is to advise doctors about medication risks.

Dearinger’s prescribing physician said he was aware of stroke risk and wouldn’t have changed his decision to prescribe Cialis for Dearinger even with an enhanced warning, the court said.

Dearinger’s failure to link the allegedly deficient warning to his harm entitled Lilly to summary judgment, Coughenour said.

The court also summarily dismissed Dearinger’s fraudulent concealment claim, saying it’s barred by the Washington Product Liability Act, the exclusive remedy in product liability litigation.

But the company didn’t meaningfully address Dearinger’s design defect claims in its filings and therefore isn’t entitled to judgment on those, the court said.

Dearinger represented himself. Covington & Burling LLP and Schwabe, Williamson & Wyatt PC represented Eli Lilly.

The case is Dearinger v. Eli Lilly & Co., W.D. Wash., No. 2:21-cv-00060, 12/18/23.