Washington, DCThe Seventh Circuit Court ruled this week that a lawsuit brought against GlaxoSmthKline (GSK), the makers of the antidepressant Paxil, can go ahead. The lawsuit alleges that Paxil may have induced Tricia Mason to commit suicide. The 23-year-old killed herself just two days after taking the antidepressant.
According to the National Law Journal, "In a unanimous Tuesday 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 Food and Drug Administration would have rejected a change in the drug's labeling to warn about the enhanced possibility of suicide in young adults."
"The decision, I believe, confirms that not only is our case preemption proof, but that virtually all other pharmaceutical actions will now be allowed to be litigated on the merits," Mason's attorney, Bijan Esfandiari of Baum, Hedlund, Aristei & Goldman, said.
Paxil belongs to a class of anti depressants known as selective serotonin reuptake inhibitors (SSRIs). The Food and Drug Administration (FDA) has directed manufacturers of all antidepressant drugs, including SSRIs, to revise the labeling for their products. Drugmakers must include a boxed warning and expanded warning statements that alert health care providers to an increased risk of suicidality (suicidal thinking and behavior) in children and adolescents being treated with these drugs, and to include additional information about the results of pediatric studies.