Paxil Suicide Lawsuit Reinstated
Parents of a 23-year-old who took his life while on Paxil will be able to GlaxoSmithKline over her death, thanks to a recent court decision.
In its unanimous ruling, the 7th Circuit cited the “clear evidence” standard set last year by the U.S. Supreme Court in Wyeth vs. Levine. In that case, the High Court decided to let stand a Vermont Supreme Court ruling that upheld a jury verdict against Wyeth over deficient labeling related to the IV push injection of Phenergan. In that case, the Court held that there could only be preemption if the manufacturer presented “clear evidence” that the Food & Drug Administration (FDA) would have rejected the proposed additional warning.
Its ruling overturns a 2008 summary judgment for GlaxoSmithKline granted by the U.S. District Court for the Central District of Illinois.
The lawsuit was brought on behalf of Tricia Mason, who committed suicide after having taken Paxil for two days.
