Paxil Suicide Claims
5/11/2011.
(courtesy photo)
Paxil lawsuits are still being pursued today. Some lawsuits against Paxil are filed because of their loved ones committing suicide or because of their children being born with birth defects. There are some definite Paxil long term side effects that people should be aware of. Even after the FDA Paxil warning that was issued in 2005, lawsuits continue.
A couple of months ago in Chicago, the 7th Circuit U.S. Court of Appeals ruled that federal law does not preempt failure-to-warn claims brought against GlaxoSmithKline. The manufacturer failed to show that the Food and Drug Administration (FDA) would have rejected a Paxil label change warning of the side effects from Paxil which include an increased risk of suicide for young adults. Earlier this year, the appellate court reversed an Illinois federal court ruling that the claims brought against Paxil were preempted. Because of this, the Paxil suit was able to take place.
According to the Paxil lawsuit, the parents of a young woman stated their daughter began taking Paxil, and just two days later committed suicide by ingesting cyanide. The parents sued GlaxoSmithKline in Illinois. They claim that GlaxoSmithKline is responsible for negligence, strict liability, breach of implied warranty, break of express warranty and fraud. The plaintiffs appealed the original ruling that granted the manufacturer’s motion for summary judgment based on a previous ruling stating the FDA’s decision-making authority overrides state law failure-to-warn claims. Once the appeal was granted, GlaxoSmithKline argued the fact that the FDA failed to mandate a warning about the serious nature of Paxil side effects, particularly the risk of suicide. The time of the young lady’s death serves as evidence that the FDA would not have approved the change in the label the plaintiffs sought. The manufacturer further argued that the FDA published a press release that concluded there was not an increased risk of suicide in adults. GlaxoSmithKline emphasized there was a failure, on behalf of the FDA, to issue an FDA warning for Paxil users concerning suicide because there was no evidence to warrant it. It has been concluded that GlaxoSmithKline did not meet its burden of demonstrating by clear evidence that the FDA would have rejected a label change warning about the side effects of Paxil for increased risk of suicide.
If someone you know has fallen victim to this drug, contact a Paxil lawyer immediately.
Short URL: http://www.seedol.com/?p=8816
