Court Allows Paxil Suicide Lawsuit to Move Forward

It’s been a little less than a year since the Supreme Court’s ruling in Wyeth v. Levine, yet that decision led the 7th Circuit to rule in favor of 23 year old Patricia Mason’s family who sued GlaxoSmithKline, the manufacturer of Paxil after she committed suicide.
In its unanimous ruling, the appellate court ruled that the drug company had not met the standard of “clear evidence” set in the Levine case whereby the FDA would have rejected the change in the drug’s labeling to warn about the potential side effects of Paxil which included suicide.
This is the second pro-consumer court decision that deals with the controversial notion of preemption which preempts lawsuits against pharmaceutical companies and medical device manufacturers if the drug or device had received pre-market approval from the FDA.