7th Circuit Finds Paxil Manufacturer Didn’t Meet Burden to Pre-empt
A lawsuit against SmithKline Beecham over the suicide of 23-year-old Tricia Mason, who ended her life two days after taking the antidepressant Paxil, can go forward, the 7th Circuit ruled this week. In a unanimous decision reversing the lower court, the appeals court said that the drug manufacturer now known as GlaxoSmithKline didn't meet its burden of showing with "clear evidence" that the FDA would have rejected a change in the drug's labeling to warn about the enhanced possibility of suicide in young adults.
