Supreme Court May Hear Paxil Warning Case

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The Supreme Court may decide at a 4/26 conference whether to hear arguments in a case involving adequacy of warnings of adult suicidality for a generic form of GlaxoSmithKline’s Paxil (paroxetine). The Cook County Reporter says the case was brought by the widow of a Chicago attorney who committed suicide in 2010 after taking paroxetine. The suit claims that the paroxetine label, which was written by Glaxo and was identical to the Paxil label, did not adequately warn the drug could increase the risk of suicide.

The suit says the plaintiff claims the company knew of the alleged risk of suicide and chose not to revise the label, while the company says FDA declined all of its attempts to make a labeling change. An Illinois federal jury found against Glaxo and the company appealed to the 7th Circuit Court of Appeals, which overturned the verdict. The plaintiff then appealed to the Supreme Court.

The plaintiff’s attorneys say the 7th Circuit decision conflicts with one from the 3rd Circuit involving Merck’s Fosamax. That case was argued before the Supreme Court in January, the article says, and a decision could be issued in the next few weeks. Plaintiffs in the Paxil case have asked the justices not to decide whether to take their case until the Fosmax case is decided.

Glaxo said there was no reason to wait for the Fosamax case because the 7th Circuit had found that “no reasonable jury could find that FDA would have approved an adult suicidality warning for Paxil between 2007 and 2010.” The company also challenged the suit on the basis that it can’t be held responsible for injuries allegedly caused by a generic product over which it has no control.

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