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# SCOTUS Backs GSK in Paxil Warning Case
- URL: https://www.fdaweb.com/scotus-backs-gsk-in-paxil-warning-case/
- Published: 2019-05-29T12:00:00.000Z
- Updated: 2026-09-15T01:29:19.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5144213

The Supreme Court has rejected a request that it reconsider a 7th Circuit Court of Appeals ruling throwing out a $3 million jury verdict in the death of an Illinois attorney who committed suicide in 2010, six days after starting to take GlaxoSmithKline’s Paxil (paroxetine) for depression. An Illinois newspaper’s [report](https://patch.com/illinois/winnetka/supreme-court-sides-drugmaker-suicide-glencoe-lawyer?ref=fdaweb.com) on the case says that at the time of the attorney’s death, the Paxil labeling included a Warning about its association with suicide for people under age 24 and did not say anything about an increased suicide risk in older adults.

Glaxo attorneys had tried to have the suit dismissed in federal courts because, they said, FDA had repeatedly rejected requests to change the labeling language to better reflect risk. While lower courts had allowed the case to go to trial, the 7th Circuit said it should have been dismissed before ever going to a jury.

The high court rejected the request that it send the case back to address issues raised in a preemption case involving Fosamax. Glaxo lawyers had argued there was nothing in the Fosamax case that could conceivably lead to a different appeals court ruling. “To this day, Paxil’s labeling retains the same class-wide language FDA mandated in 2007 — the very language petitioner complains of here,” the attorneys said.