Utah files suit against drugmaker

Utah filed a lawsuit against the pharmaceutical company that makes the anti-psychotic drug Zyprexa, alleging the state was misled about risks to patients who received the drug through Medicaid.

Attorney General Mark Shurtleff filed the lawsuit in 3rd District Court on Thursday against Eli Lilly & Co., accusing the company of pushing doctors to prescribe the drug to treat "off-label" conditions like Tourette's syndrome, Alzheimer's and anorexia.

The federal Food & Drug Administration approved Zyprexa for treatment of schizophrenia and bipolar disorder.

Doctors are free to prescribe drugs for uses that have not been approved by the FDA, but pharmaceutical companies are prohibited by law from marketing drugs for non FDA-approved uses. And because the prescriptions were subsidized by Medicaid, the state is seeking damages from Eli Lilly.

Eli Lilly spokesman Phil Belt said he was unfamiliar with the lawsuit and could not comment on it specifically. He said the company has training and compliance programs to ensure that all its products are marketed appropriately.

Side effects to Zyprexa can include high blood sugar levels, acute weight gain and pancreatitis, according to the lawsuit.

"Utah has paid millions of dollars for inappropriate and medically unnecessary doses of Zyprexa. As a result, Lilly has been illegally enriched at the expense of the State," the lawsuit said.

The state is seeking civil damages and penalties, including $5,000-$10,000 for each prescription that was "not medically necessary."