Label or Liability: Case law could lead to short shelf life for $3M Paxil 'innovator liability' verdict
A Chicago federal jury shocked many observers by ordering drugmaker GlaxoSmithKline to pay $3 million to the widow of lawyer Stewart Dolin, who committed suicide in 2010 after taking a generic version of GSK's antidepressant Paxil. But legal observers believe the decision may have a short shelf life, as it could defy decades of case law on the concept of innovator liability.
Drug manufacturer GlaxoSmithKline is trying to get out from under a $3 million jury judgment, which blamed it for a Chicago lawyer’s suicide, saying a federal judge made multiple mistakes that hamstrung the manufacturer’s defense against the claim its labels failed to warn its anti-depressant drug Paxil and its generic equivalent can lead to suicide.
A federal jury in Chicago has ordered pharmaceutical maker GlaxoSmithKline to pay $3 million to the widow of a Chicago lawyer who committed suicide by jumping in front of a train after taking a generic version of Paxil, an antidepressant developed by GSK, finding the drugmaker should be held responsible for his death, even though it didn’t make the actual medication the lawyer had been taking for about a week before he took his life.
A trial continues this week in Chicago federal court over the question of how much blame should be shouldered by drugmaker GlaxoSmithKline for the death of a Chicago lawyer who committed suicide after taking a generic version of Paxil, an antidepressant developed by GSK. This week, a federal judge denied an attempt by GSK to abruptly end the weeks-long trial and secure a judgment in its favor.
This week, a Chicago federal court will empanel jurors to decide whether pharmaceutical maker GlaxoSmithKline should be made to pay the widow of a Chicago lawyer who committed suicide by jumping in front of a train after taking a generic version of Paxil, an antidepressant developed by GSK, because, the woman claims, the drug’s warning label, which was approved by federal regulators, did not contain enough information on suicide risk, misleading the doctor who prescribed it.