Appeals Court Reverses GSK $3 Million Liability Suit

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The U.S. Court of Appeals for the Seventh Circuit has reversed a lower court decision and $3 million verdict in a product liability case that attempted to hold GlaxoSmithKline (GSK) responsible for injuries caused by a drug, paroxetine, it neither manufactured nor sold. The appeals court decision held that federal law prevented GSK from adding a warning about the alleged association between paroxetine and suicide in adults.

In the suit, Wendy Dolin alleged that her husband Stewart’s 2010 suicide was caused by paroxetine, which is used to treat depression and anxiety. Stewart never took GSK’s branded paroxetine, Paxil. Instead, he took a generic manufactured by Mylan Pharmaceuticals. Because generic drug warnings should be identical to the brand drug, the plaintiff argued that GSK was liable for not having an adequate label for generics to copy.

But GSK had sought FDA approval to add to Paxil’s label a warning about an increased risk of suicide. The agency repeatedly refused the company’s request.

The appeals court agreed with GSK that under preemption, federal law prevented GSK from adding a warning about the alleged association between paroxetine and suicides in adults.

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