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The U.S. Supreme Court is tackling the question of whether drug companies can be sued for not making their warning labels strong enough, even though the FDA controls the labels. But whether a forthcoming Supreme Court decision will affect a decision denying a $3 million judgment to the widow of a Chicago lawyer who committed suicide after taking the generic equivalent of Paxil remains unclear.
Asserting a Chicago federal appeals panel wrongly invalidated a jury’s verdict, attorneys for the widow of a Chicago lawyer who committed suicide after taking the generic version of the antidepressant drug Paxil, have asked the U.S. Supreme Court to throw out the appellate ruling and order more proceedings on whether pharmaceutical company GlaxoSmithKline should be made to pay for allegedly not revising their drug’s warning label to reflect an increased risk of suicide.
A Chicago federal appellate court has refused to reexamine its decision last month that reversed a $3 million verdict against drugmaker GlaxoSmithKline, on grounds the company was not responsible for the labeling of the generic version of its product Paxil, despite plaintiff’s urging a rehearing was needed, because she said the appeals panel set a “dangerous precedent.”