LexisNexis® Mealey's™ Antidepressant Drugs Legal News
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7th Circuit Says Post-2002 Effexor Warnings Were Properly Excluded
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CHICAGO - Wyeth's victory in the nation's first federal Effexor suicide trial was upheld Feb. 12 by the Seventh Circuit U.S. Court of Appeals when it affirmed a district court judge's decision barring a widow from introducing evidence about Effexor's suicide warnings after her husband's death on the ground that the probative value of the post-2002 warnings was substantially outweighed by the danger of confusing the jury (Jacquelyn Giles v. Wyeth Inc., et al., No. 07-3149, 7th Cir.; 2009 U.S. App. LEXIS 2651; See January 2008, Page 15).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - March 5, 2009 Category: Medical Law Source Type: info
Judge: Birth Defect Case Would Not Benefit From MDL Proceedings
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ST. LOUIS - A woman's claims that her use of Celexa during her pregnancy caused her son's death nine months after his birth should be remanded to the court where it was originally filed, the federal judge presiding over the federal multidistrict litigation involving attempted suicide and suicide claims allegedly caused by use of Celexa and Lexapro ruled Feb. 5, after finding that the case would not benefit from the proceedings (In re: Celexa & Lexapro Products Liability Litigation, MDL No. 1736, Case No. 06-md-1736, Debra Drewry v. Forest Laboratories Inc., No. 06CV717, E.D. Mo.).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - March 5, 2009 Category: Medical Law Source Type: info
Wyeth: Pfizer Deal Merits No Change In Preemption Case
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WASHINGTON, D.C. - Wyeth on Feb. 4 told the U.S. Supreme Court about Pfizer Inc.'s plans to buy Wyeth but said that warrants no change in its corporate disclosure statement filed in the Wyeth v. Diana Levine drug preemption case pending before the court (Wyeth v. Diana Levine, No. 06-1249, U.S. Sup.; See November 2008, Page 8).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - March 5, 2009 Category: Medical Law Source Type: info
Stay In Paxil Preemption Appeal Extended Until May
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SAN FRANCISCO - The stay of proceedings in a couple's appeal of a federal judge's finding that their failure-to-warn claims against the maker of Paxil are preempted by U.S. Food and Drug Administration regulations was extended until May 11, according to an order docketed Feb. 19 in the Ninth Circuit U.S. Court of Appeals (Terri S. O'Neal v. SmithKline Beecham Corp., d/b/a GlaxoSmithKline, No. No. 08-16182, 9th Cir.; See January 2009, Page 9).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - March 5, 2009 Category: Medical Law Source Type: info
Magistrate Judge Compels GSK To Produce Paxil Revenue, Profit Data
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HAMMOND, Ind. - A federal magistrate judge on Feb. 3 ordered SmithKline Beecham Corp., d/b/a GlaxoSmithKline (GSK), to produce information related to the profit and revenue it received from pediatric sales of Paxil in Indiana and the United States from 2000 to 2004 to a family who claims that the antidepressant caused a 14-year-old boy to commit suicide in 2001, after finding that the information is relevant to their claim for punitive damages (Cheryl Cunningham, et al. v. SmithKline Beecham Corp., d/b/a GlaxoSmithKline, No. 07-CV-174, N.D. Ind.; 2009 U.S. Dist. LEXIS 7833; See August 2008, Page 16).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - March 5, 2009 Category: Medical Law Source Type: info
MDL Plaintiffs Seek Access To Clinical Trial Documents
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ST. LOUIS - Plaintiffs in the Celexa and Lexapro multidistrict litigation say in a Feb. 13 motion to compel that they should be given access to hard copy documents in the antidepressants' clinical trial files because the information is "the most pure and objective form" of knowledge available (In re: Celexa/Lexapro Products Liability Litigation, MDL No. 1736, Case No. 06-md-1736, E.D. Mo.).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - March 5, 2009 Category: Medical Law Source Type: info
Wyeth Seeks To Supplement Plaintiff's Deposition Based On New Evidence
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PITTSBURGH - A plaintiff's failure to respond to Wyeth's requests for additional information regarding his own attempted suicide considering he alleges in his lawsuit that his brother's use of Effexor caused his suicide warrants the entry of a court order compelling the plaintiff to appear for a supplemental deposition, the manufacturer argues in a Jan. 29 motion to compel (Dale Aaron v. Wyeth, No. 07-927, W.D. Pa.; See November 2007, Page 16).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - March 5, 2009 Category: Medical Law Source Type: info
Woman Says Good Faith, Facts Of Case Warrant Denial Of Costs
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ROME, Ga. - A woman whose Paxil suicide lawsuit was found to be barred by the learned intermediary doctrine says in a Feb. 16 brief that a federal judge has discretion to relieve her from paying costs because she litigated her claims against the maker of the antidepressant in good faith and because the facts of the case militate against the imposition of costs (Donna L. Dietz v. SmithKline Beecham Corp., d/b/a GlaxoSmithKline, No. 07-cv-77-RLV, N.D. Ga.; See January 2009, Page 10).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - March 5, 2009 Category: Medical Law Source Type: info
Parties Jointly Move To Dismiss Paxil Suicide Attempt Case
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BRATTLEBORO, Vt. - The manufacturer of Paxil and a woman who claims that her use of the antidepressant caused her to attempt suicide when she was 16 years old jointly moved Feb. 20 to dismiss with prejudice her lawsuit (Jennifer Elwell v. SmithKline Beecham Corp., d/b/a GlaxoSmithKline, No. 07-CV-191, D. Vt.; See April 2007, Page 17).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - March 5, 2009 Category: Medical Law Source Type: info
Researchers Say SSRIs Reduce Suicide Risk In Adults
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OTTAWA, Ontario - The authors of a recently published study in the Canadian Medial Association Journal concluded that the use of a family of antidepressants known as selective serotonin reuptake inhibitors (SSRIs) by adult patients may reduce the risk of suicide.
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - March 5, 2009 Category: Medical Law Source Type: info
FDA Approves Updated Warning For SSRI, SNRI Makers
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SILVER SPRING, Md. - The U.S. Food and Drug Administration on Jan. 30 informed manufacturers of numerous selective serotonin reuptake inhibitors (SSRIs) and serotonin norepinephrine reuptake inhibitors (SNRIs) that it has approved updated warning language regarding the risk of neuroleptic malignant syndrome (NMS) that they companies need to add to their products' labels.
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - March 5, 2009 Category: Medical Law Source Type: info
Judge Asks If Birth Defect Case Should Stay In MDL
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ST. LOUIS - The federal judge presiding over the Celexa and Lexapro multidistrict litigation asked the parties on Jan. 22 to submit memoranda explaining why a birth defect case and a death case should remain in the proceedings (In re: Celexa & Lexapro Products Liability Litigation, MDL No. 1736, E.D. Mo.; 2009 U.S. Dist. LEXIS 4204; See August 2008, Page 6).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - February 3, 2009 Category: Medical Law Source Type: info
Judge Refers Discovery Dispute To Magistrate Judge
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TULSA, Okla. - SmithKline Beecham Corp. d/b/a GlaxoSmithKline's (GSK) request to modify a special judge's report and recommendation concerning its privilege assertions over documents requested in a Paxil birth defect case was referred to a magistrate judge by a federal judge on Jan. 12 (Jennifer Hayes and Justin Hayes v. SmithKline Beecham Corp., d/b/a GlaxoSmithKline, No. 07-CV-0682, N.D. Okla.; See December 2008, Page 13).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - February 3, 2009 Category: Medical Law Source Type: info
Oral Arguments On Paxil Limitations Ruling Scheduled For March 10
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DENVER - The 10th Circuit U.S. Court of Appeals will hear oral arguments on March 10 over whether a federal judge in Kansas properly found that a woman's claims that SmithKline Beecham Corp. d/b/a GlaxoSmithKline's (GSK) fraudulent concealment of its knowledge concerning the risk between Paxil and an increased risk of suicide in adolescent patients were insufficient to toll the statute of limitations, according to a scheduling order issued to counsel on Jan. 13 (Pamela Blain, et al. v. SmithKline Beecham Corp., Nos. 08-3131, 08-3140, 10th Cir.; See November 2008, Page 11).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - February 3, 2009 Category: Medical Law Source Type: info
Generic Paxil Case Remanded After Plaintiffs Amend Complaint
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LAFAYETTE, La. - A federal magistrate judge on Dec. 16 remanded a family's wrongful death suit against a manufacturer of generic Paxil after they amended their complaint to name as a defendant the physician who prescribed and increased the dosage of the antidepressant to the decedent without first meeting him and monitoring his behavior when first using the drug (Mary Lee Delahoussaye, et al. v. Apotex Inc., et al., No. 07-1325, W.D. La.; See December 2008, Page 8).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - February 3, 2009 Category: Medical Law Source Type: info
California Supreme Court Won't Review Ruling Holding Brand-Name Drug Maker Liable
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SAN FRANCISCO - The California Supreme Court on Jan. 21 let stand an appeals court ruling that the brand-name manufacturer of a drug can be liable for a failure-to-warn claim involving the generic version of the drug (Elizabeth Ann Conte v. Wyeth, et al., No. S169116, Calif. Sup.).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - February 3, 2009 Category: Medical Law Source Type: info
Paxil Preemption Appeal Stay Extended To March 10
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SAN FRANCISCO - The stay of a couple's appeal of a federal judge's rulings finding their failure-to-warn claims against Paxil manufacturer SmithKline Beecham d/b/a GlaxoSmithKline (GSK) preempted by Food and Drug Administration regulations was extended to March 10, according to a Jan. 9 order filed in the Ninth Circuit U.S. Court of Appeals (Terri S. O'Neal, et al. v. SmithKline Beecham Corp., d/b/a GlaxoSmithKline, No. 08-16182, 9th Cir.; See October 2008, Page 5).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - February 3, 2009 Category: Medical Law Source Type: info
Appellate Panel Finds Evidence Does Not Support Involuntary Intoxication Claim
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SAN FRANCISCO - A California appeals panel on Jan. 2 affirmed the conviction of a man found guilty of murdering his wife, finding that there was insufficient evidence to warrant reversal of the trial court's decision not to instruct the jury on his argument that he was unconscious by involuntary intoxication brought about by his use of Paxil at the time of the crime (People v. Simon Faeed Ranteesi, No. A115311, Calif. App., 1st Dist., Div. 2; 2009 Cal. App. LEXIS 20).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - February 3, 2009 Category: Medical Law Source Type: info
Widow Asks Judge To Limit, Defer Costs From Paxil Suit
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ROME, Ga. - A widow whose wrongful death suit against the maker of Paxil was recently dismissed asked a federal judge on Jan. 22 to limit the amount of costs the company is awarded and requested that any such payments be deferred until the completion of her appeal (Donna Dietz v. SmithKline Beecham Corp., d/b/a GlaxoSmithKline, No. 07-CV-0077-RLV, N.D. Ga.; See December 2008, Page 10).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - February 3, 2009 Category: Medical Law Source Type: info
Canadian Drug Company Serves Notice Of Arbitration On United States Under NAFTA
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WASHINGTON, D.C. - Apotex Inc., a Canadian pharmaceutical company, served a notice of arbitration on the United States on Dec. 10, alleging that the United States violated Chapter 11 of the North American Free Trade Agreement (NAFTA) through federal court rulings that prevented the company from obtaining a declaratory judgment of patent noninfringement or invalidity and, therefore, from promptly bringing its generic product to the market (Apotex Inc. v. The Government of the United States of America, UNCITRAL).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - February 3, 2009 Category: Medical Law Source Type: info
Study: Zoloft, Lexapro Best For Moderate To Severe Depression
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LONDON - Pfizer Inc.'s Zoloft and Forest Laboratories Inc.'s Lexapro, also known as Cipralex, should be a psychiatrist's first choice when deciding what drug to prescribe to a patient suffering from moderate to severe depression, according to the authors of a new study published in a recent online issue of Lancet who found that the drugs performed marginally better than 10 other antidepressants reviewed.
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - February 3, 2009 Category: Medical Law Source Type: info
Pfizer Plans To Acquire Wyeth For $68 Billion
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NEW YORK - Pharmaceutical giant Pfizer Inc. announced Jan. 26 that it plans to acquire rival drug company Wyeth for $68 billion, resulting in what the company calls a "combined company that will create one of the most diversified companies in the global health care industry."
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - February 3, 2009 Category: Medical Law Source Type: info
GSK Claims Ruling Excluding Expert's Opinion Was Correct
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DENVER - A district court's ruling that a plaintiff's expert's opinions as to whether Paxil can cause suicidal behavior and that a man's use of the antidepressant caused him to take his own life in 2003 was not erroneous, the drug maker says in a Dec. 1 appellate brief, because the expert believed that such an association existed before the drug was approved by the Food and Drug Administration. (Debra Vanderwerf v. SmithKline Beecham Corp., No. 08-3218, 10th Cir.; See November 2008, Page 5).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - December 24, 2008 Category: Medical Law Source Type: info
State Justice Finds Plaintiffs' Experts Qualified; Only 1 Can Testify
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WORCESTER, Mass. - Only one expert can provide testimony in support of a man's claims that a physician was medically negligent when prescribing Wellbutrin to his wife before her suicide, a Massachusetts Superior Court justice ruled after finding that though both experts were qualified to proffer general and specific causation opinions, only one employed a proper methodology to support his opinions. (Allan Routhier v. Timothy G. Keenan, M.D., No. 04-1359, Mass. Super., 2008 Mass. Super. LEXIS 372).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - December 24, 2008 Category: Medical Law Source Type: info
Companies Say Preemption Ruling Is Not Worthy Of Certification
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WASHINGTON, D.C. - A Third Circuit U.S. Court of Appeals ruling that plaintiffs' claims against the makers of Paxil and its generic equivalent and Zoloft are preempted by Food and Drug Administration regulations should not be reviewed by the U.S. Supreme Court because the ruling is not erroneous, the makers of the antidepressants say in briefs filed Dec. 3 (Joseph Colacicco, et al. v. Apotex Inc, et al., No. 08-437, U.S. Sup.; See October 2008, Page 4.).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - December 24, 2008 Category: Medical Law Source Type: info
Generic Paxil Maker Again Raises Preemption Defense
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LAFAYETTE, La. - A generic Paxil maker is seeking summary judgment based on the preemption defense in a wrongful death case, slightly more than a year after a federal judge denied its motion to dismiss the case on the ground that the manufacturer had both "the power and the duty" to add a stronger suicide warning to the antidepressant's label (Mary Lee Delahoussaye, et al. v. Apotex Inc., et al., No. 07-1325, W.D. La.; See November 2007, Page 4).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - December 24, 2008 Category: Medical Law Source Type: info
Plaintiffs Fail To Plead Exception To Michigan Law, Appeals Court Rules
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NEW YORK - A New York appeals court on Nov. 20 affirmed that Michigan state law applies to the Lipitor injury claims of three plaintiffs and that they had not provided a foundation for their argument that their claims fell under the fraud exception to Michigan's drug shield law (Michael Devore, et al. v. Pfizer Inc., Nos. 109838/06, 109845/06, 109847/06, N.Y. Sup., App. Div., 1st Dept.; 2008 N.Y. App. Div. 8707).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - December 24, 2008 Category: Medical Law Source Type: info
GSK Awarded Summary Judgment In Paxil Suicide Case
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ROME, Ga. - The manufacturer of Paxil's assertion that the learned intermediary doctrine bars a widow's claims that it is liable for her husband's April 2002 suicide was upheld by a federal judge on Dec. 9, after finding that the 11th Circuit U.S. Court of Appeals recently held that a plaintiff cannot prove proximate causation if the prescribing physician testifies that his or her decision to prescribe a drug would not have been altered by a stronger warning. (Donna Dietz v. SmithKline Beecham Corp., d/b/a GlaxoSmithKline, No. 07-CV-0077-RLV, N.D. Ga.; See April 2007, Page 22).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - December 24, 2008 Category: Medical Law Source Type: info
Man Says Lilly's Summary Judgment Motion Is A Waste Of Time
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ATLANTA - A motion for summary judgment filed by the maker of Prozac in a case involving claims that the antidepressant caused a man to experience a manic episode resulting in his incarceration is a waste of time, the plaintiff says in a Nov. 26 brief, explaining that the two arguments raised in the motion have already been rejected by a Georgia state court judge (Tom Watkins v. Eli Lilly & Company, No. 08-CV-1665 JEC, N.D. Ga.; See November 2008, Page 6).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - December 24, 2008 Category: Medical Law Source Type: info
Plaintiffs: Lilly Has 'Unbelievable Chutzpah' To Seek Review
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ALBUQUERQUE, N.M. - The maker of Prozac should be estopped from seeking review of a judge's rulings denying its motions for summary judgment based on the learned intermediary doctrine and federal preemption and of his decision finding plaintiffs' expert's testimony admissible because it waited until after the judge issued the orders to ask him to disqualify himself, plaintiffs say in a Nov. 20 opposition brief (Mark Gilbert Rimbert v. Eli Lilly & Co., No. 06-cv-874, D. N.M.; See October 2008, Page 10).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - December 24, 2008 Category: Medical Law Source Type: info
Couple's Request To Name Parent Company In Lawsuit Denied
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TULSA, Okla. - A couple's attempt to add GlaxoSmithKline plc (GSK plc) and GlaxoSmithKline Research and Development (GSK R&D) as defendants in their Paxil birth defect lawsuit was rejected by a federal judge, who concluded that they could not pursue claims against the companies because they were not involved in the marketing and manufacture of the antidepressant (Jennifer Hayes and Justin Hayes v. SmithKline Beecham Corp., d/b/a GlaxoSmithKline, No. 07-CV-0682, N.D. Okla.; 2008 U.S. Dist. LEXIS 94697).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - December 24, 2008 Category: Medical Law Source Type: info
Lilly Employee Should Be Ordered To Appear Live At Trial, Couple Says
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SIOUX FALLS, S.D. - An Eli Lilly & Co. employee who studied and wrote articles about the association between Prozac and suicidal behavior should be ordered to appear live at a trial involving claims brought by a couple who claim that their son's use of Cymbalta caused him to commit suicide, the parents say, because his knowledge is germane to their underlying allegations and because the court has the power to compel his presence (Paul and Cynthia Schilf v. Eli Lilly & Co., et al., No. 07CV04015-LLP, D. S.D.; See October 2008, Page 8).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - December 24, 2008 Category: Medical Law Source Type: info
Judge Dismisses Family's Paxil Suicide Suit, Finds No Causation
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NEW ORLEANS - The manufacturer of a generic version of Paxil was awarded summary judgment by a federal judge on Nov. 17, after the family of a man whose suicide was allegedly caused by his use of the antidepressant failed to present any evidence to establish a causal link (Patricia Smith, et al. v. GlaxoSmithKline Corp., et al., No. 05-2728, E.D. La.; 2008 U.S. Dist. LEXIS 93617).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - November 25, 2008 Category: Medical Law Source Type: info
Judge Failed In Role As Gatekeeper, Woman Says
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DENVER - A federal judge failed in his role as the gatekeeper of scientific evidence by excluding a psychiatrist's testimony about Paxil's association with an increased risk of suicide in patients of all ages because the methods and data underlying the expert's general and specific causation opinions are reliable, a woman says in an Oct. 24 appellate brief (Debra Vanderwerf v. SmithKline Beecham Corp., No. 08-3218, 10th Cir.; See February 2008, Page 15).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - November 25, 2008 Category: Medical Law Source Type: info
Prozac Maker: Guilty Plea Breaks Chain Of Causation
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ATLANTA - Claims that Prozac-induced mania caused a man to go on a two-week crime spree cannot be sustained because pleading guilty to the crimes demonstrates that the antidepressant was not a proximate cause of his actions, the maker of the antidepressant says in its motion for summary judgment (Tom Watkins v. Eli Lilly & Company, No. 08-CV-1665 JEC, N.D. Ga.; See May 2008, Page 22).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - November 25, 2008 Category: Medical Law Source Type: info
GSK's Request For Reconsideration Of Preemption Ruling Denied
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PHILADELPHIA - A federal judge on Oct. 28 denied SmithKline Beecham Corp. d/b/a GlaxoSmithKline's (GSK) motion to reconsider a ruling rejecting its preemption arguments after finding that the company's newly submitted evidence missed the mark as to whether the Food and Drug Administration was aware of an increased risk of suicide in pediatric and adolescent patients using Paxil, but certified the decision for review by the Third Circuit U.S. Court of Appeals (Marion L. Knipe, et al. v. SmithKline Beecham Corp., d/b/a GlaxoSmithKline, No. 06-3024, E.D. Pa.; 2008 U.S. Dist. LEXIS 87448; See September 2008, Page 4).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - November 25, 2008 Category: Medical Law Source Type: info
High Court's Preemption Questions Focus On Case Specifics
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WASHINGTON, D.C. - The U.S. Supreme Court's Nov. 3 hearing on the much-anticipated Wyeth v. Levine drug preemption case turned heavily on case specifics about whether defendant Wyeth knew about gangrene risks and whether the Food and Drug Administration considered and rejected a stronger warning (Wyeth v. Diana Levine, No. 06-1249, U.S. Sup.; See September 2008, Page 8).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - November 25, 2008 Category: Medical Law Source Type: info
GSK: Exhibits Provide Further Evidence That Claims Are Time-Barred
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DENVER - A district judge's ruling striking exhibits filed in support of a motion for summary judgment should be reversed because the documents were properly authenticated pursuant to local and federal rules and would provide further evidence that a family's claims that Paxil caused a teenage boy to commit suicide are barred by the statute of limitations, the maker of Paxil says in a Nov. 6 appellate brief (Pamela Blain, et al. v. SmithKline Beecham Corp., Nos. 08-3131, 08-3140, 10th Cir.; See September 2008, Page 14).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - November 25, 2008 Category: Medical Law Source Type: info
New Trial Ordered In Medical Malpractice Case Involving Suicide Attempt
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NEW BRUNSWICK, N.J. - A New Jersey judge erred by failing to instruct a jury about medical judgment because adequate evidence was presented to show that there are two schools of thought as to how a psychiatrist monitors a patient with a history of mental illness and suicide attempts, an appeals court panel said Nov. 13, ordering a new trial (Jeffrey Shectman v. Robert Bransfield, M.D., No. A-3035-07T2, N.J. Super., App. Div., 2008 N.J. Super. LEXIS 231).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - November 25, 2008 Category: Medical Law Source Type: info
Family's Paxil Suicide Claims Time-Barred, Judge Finds
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PHILADELPHIA - A family's claims that a man's use of Paxil caused him to commit suicide in February 2002 are barred by Pennsylvania's two-year statute of limitations, a state court judge ruled Oct. 29, awarding summary judgment to the manufacturer of the antidepressant (Mary Collins, et al. v. SmithKline Beecham Corporation, et al., February Term 2007, No. 0762, Pa. Comm. Pls., Philadelphia Co.; See March 2008, Page 4).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - November 25, 2008 Category: Medical Law Source Type: info
Plaintiffs: Paxil Case Supports Remand Motion In Avandia MDL
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PHILADELPHIA - The Avandia multidistrict litigation plaintiffs are presenting, as supplemental authority to their motions to remand 14 California cases for joinder of a nondiverse distributor, an order granting remand in a pharmaceutical case involving the same distributor in a California federal court (In Re: Avandia Marketing Sales Practices and Products Liability Litigation, MDL 1871, 2:07-md-01871-CMR, E.D. Pa.).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - November 25, 2008 Category: Medical Law Source Type: info
Failure To File Affidavit Warrants Removal, Drug Maker Says
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LAS VEGAS - A woman's failure to submit an affidavit from a medical expert supporting her medical malpractice claims against the physician who prescribed Wellbutrin to her son, who later committed suicide, warrants dismissal without prejudice of her claims against the medical provider, thereby establishing complete diversity, the maker of the antidepressant says in an Oct. 27 notice of removal (Teri J. Braegelmann v. SmithKline Beecham Corp., d/b/a GlaxoSmithKline, et al., No. 08-cv-01476-LDG-GWF, D. Nev.).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - November 25, 2008 Category: Medical Law Source Type: info
Judge Grants Couple's Motion For Voluntary Dismissal Of Effexor Suit
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NEWARK, N.J. - A federal judge on Nov. 12 granted a couple's request to dismiss without prejudice their claims that Wyeth is liable for birth defects their daughter sustained as a result of the mother's use of Effexor while pregnant (Kerri Theriault, et al. v. Wyeth Pharmaceuticals Inc., No. 08-cv-2792-JLL-CCC, D. N.J.; See October 2008, Page 16).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - November 25, 2008 Category: Medical Law Source Type: info
Woman's Request To Dismiss Claims Against Drug Makers Granted
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SHREVEPORT, La. - A federal judge granted a woman's request to dismiss with prejudice her claims against the makers of Paxil and Effexor to pursue medical malpractice claims against the physician who prescribed the antidepressants to her husband (Laura Hedgepeth v. GlaxoSmithKline, et al., No. 07-2220, W.D. La.; See June 2008, Page 18).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - November 25, 2008 Category: Medical Law Source Type: info
Lexapro
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Drug: LexaproCase caption: Raymond Beltran III v. Forest Laboratories Inc., et al., No. 08-cv-9143
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - November 25, 2008 Category: Medical Law Source Type: info
Plaintiffs Ask High Court To Review 3rd Circuit's Preemption Ruling
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WASHINGTON, D.C. - Two plaintiffs whose claims against the makers of Paxil and Zoloft were found by the Third Circuit U.S. Court of Appeals to be preempted by Food and Drug Administration regulations asked the U.S. Supreme Court to review the appeal's court's ruling in an Oct. 2 petition for certiorari (Joseph C. Colacicco, et al. v. Apotex Inc., et al., No. 08-437, U.S. Sup.; See May 2008, Page 5).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - October 28, 2008 Category: Medical Law Source Type: info
Partial Stay Granted In Paxil Preemption Appeal In 9th Circuit
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SAN FRANCISCO - A couple's appeal of a federal judge's ruling finding their claims preempted by Food and Drug Administration regulations will be delayed pending the U.S. Supreme Court's ruling in Wyeth v. Levine (06-1249 [U.S. Sup.]), according to an order entered by the clerk of the Ninth Circuit U.S. Court of Appeals (Terri S. O'Neal, et al. v. SmithKline Beecham Corp., d/b/a GlaxoSmithKline, No. 08-16182, 9th Cir.; See September 2008, Page 6).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - October 28, 2008 Category: Medical Law Source Type: info
Judge Finds Majority Of Couple's Paxil Claims Are Viable
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PHILADELPHIA - A federal judge on Oct. 1 denied in part a majority of the maker of Paxil's request for summary judgment on claims brought by a couple who allege that their 16-year-old son's use of Paxil caused him to commit suicide, after finding that evidence the plaintiffs presented supported their allegations and that their claims were viable under New Jersey law (Marion Knipe, et al. v. SmithKline Beecham Corp. d/b/a GlaxoSmithKline, et al., No. 06-3024, E.D. Pa.; 2008 U.S. Dist. LEXIS 76774; See September 2008, Page 4.)
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - October 28, 2008 Category: Medical Law Source Type: info
Cymbalta Maker Moves For Summary Judgment In Suicide Case
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SIOUX FALLS, S.D. - A couple's claims that the maker of Cymbalta is liable for their 16-year-old son's suicide on Dec. 24, 2004, should be dismissed because their causes of action are not viable under South Dakota law and because their failure-to-warn claims are preempted by Food and Drug Administration regulations, the maker of the antidepressant says in separate motions filed Oct. 20 (Paul and Cynthia Schilf v. Eli Lilly & Co., et al., No. 07CV04015-LLP, D. S.D.; See related stories in this issue).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - October 28, 2008 Category: Medical Law Source Type: info
South Dakota Would Not Adopt Learned Intermediary Doctrine, Couple Says
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SIOUX FALLS, S.D. - The South Dakota Supreme Court would not adopt the learned intermediary doctrine based on the state's strict liability jurisprudence and because in today's digital age, drug companies have the ability to directly provide plaintiff's with warnings about a drug's side effects, a couple argues in an Oct. 20 cross-motion for summary judgment (Paul and Cynthia Schilf v. Eli Lilly & Co., et al., No. 07CV04015-LLP, D. S.D.; See related stories in this issue).
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Source: LexisNexis® Mealey's™ Antidepressant Drugs Legal News - October 28, 2008 Category: Medical Law Source Type: info
