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Federal appeals court won’t review its decision to toss $3M verdict v. GSK; Plaintiff: ‘Dangerous precedent’
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.”
A federal appeals panel has tossed out a $3 million verdict vs GSK for the widow of a Chicago lawyer who committed suicide after taking the generic equivalent of GSK's drug, Paxil. The judges said the company can't be held responsible for language on the warning label when that language was controlled by the FDA.
Appeal judges mull 'troubling' questions on potential fallout from $3M verdict vs GSK over lawyer's suicide
With one judge saying he found “troubling” the potential harm to patients from decreased incentives for drug makers to develop new breakthrough medications, a federal appellate panel in Chicago hashed out some of the legal questions surrounding the appeal of jury’s verdict ordering GlaxoSmithKline to pay $3 million to the widow of a Chicago lawyer who committed suicide, and whose family has accused the pharmaceutical company of failing to warn that a generic version of its drug Paxil could raise a patient’s risk of suicide.
GSK: Apply West Virginia ruling on drug label liability to appeal of $3M verdict over Chicago lawyer's suicide
As a federal appeals court in Chicago prepares to hear arguments later this month on the question of whether a drug company should bear responsibility for the effects of a generic equivalent medication they did not make or sell, pharmaceutical company GlaxoSmithKline has asked the judges to lend weight to a West Virginia Supreme Court delivered in recent days, which declared using drug warning labels to hold innovators liable for harm caused by a generic copy of their product would “sever the connection between risk and reward,” both raising prices and reducing innovation.