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Setback in woman's legal battle against drug giant
A WOMAN who says she is the victim of lifelong side-effects of a drug used to treat bipolar disorder today suffered a setback in her David and Goliath struggle for compensation.
Susan Dawn James, aged 50, from Sheffield, claims treatment with the drug Zyprexa for three months in 2004 triggered the onset of diabetes, which may cut short her life.
She is seeking up to 500,000 in damages from the drug's makers – pharmaceuticals giant Eli Lilly and Company.
However, London's High Court was told Eli Lilly is concerned that if Mrs James wins her case it could face an avalanche of similar claims.
The company estimates it will spend 938,000 – almost double the maximum value of Mrs James' claim – defending the case.
Mrs James' lawyers argue the size of Eli Lilly's legal costs may have a "stifling" impact on her access to justice and stand in the way of her pursuing her case to trial.
In September last year a senior High Court official took the extremely rare step of "capping" the pharmaceutical company's legal costs at just 100,000, meaning that was the maximum sum Eli Lilley could claim from Mrs James if she eventually loses her case.
But now that ruling has been overturned by top judge Mrs Justice Dobbs.
She agreed the issues raised by the case are "complex and substantial" – requiring much expert evidence – and could have "wider ramifications" both for the company and the drugs regulatory regime in the UK.
But emphasising the need to maintain "strict controls" over the costs of the case, the judge said it was vital the matter be dealt with "proportionately, justly and efficiently".
Mrs James was not in court for the hearing.
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Saturday 26 May 2012
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