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GlaxoSmithKline recently took to court to ask a judge to overturn his ruling on a case which was heard earlier in the year which led to the awarding of a deceased wife’s attorney a substantial amount of money in damages. The case, in which GSK was named defendant claimed that the Chicago lawyer’s suicide which he committed by stepping in front of a CTA L train track was due to a generic drug originally produced by GSK.

GSK Generic Paxil Case

The March 2017 Dolin Vs. SmithKline Beecham Corp. court case shortly came to a halt with the jury issuing their verdict just five weeks after it had commenced. Counsel representing GSK claim that the ruling by the presiding judge was beset by many errors and ommissions, such as the creation of new product liability statutes, preventing a key GSK expert from testifying as well as influencing the jury’s vote by failing to adequately instruct them on how to deliberate on the case. In addition, GSK states that it cannot be held liable for the actions of another drug company which produced the generic Paroxetine the deceased had taken, and that innovator liability cannot be applied to this case regardless of the fact that Mylar, the generic Paxil maker, had copied the drug and packaging to a tee.

A One-Off Ruling?

Many lawmakers are of the opinion that this Paxil product liability law is a quirk in Illinois law and that it will not set a precedent in other states. That being said, the widow of Stuart Dolin doesn’t want the drug off the market, but feels that drug makers should let people know of the suicide risk increase brought on by the medication.

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