Parker Waichman LLP

Paxil Suicide Lawsuit Not Preempted, Appeals Court Rules

A federal appeals court has ruled that a Paxil suicide lawsuit is not preempted. As such, the lawsuit, which was filed by the parents of Tricia Mason, will move forward. Mason was only 23 when she took her own life just two days after taking Paxil. In its unanimous ruling, the 7th Circuit cited the […]

A federal appeals court has ruled that a <"https://www.yourlawyer.com/topics/overview/paxil">Paxil suicide lawsuit is not preempted. As such, the lawsuit, which was filed by the parents of Tricia Mason, will move forward. Mason was only 23 when she took her own life just two days after taking Paxil.

In its unanimous ruling, the 7th Circuit cited the “clear evidence” standard set last year by the U.S. Supreme Court in Wyeth vs. Levine. In that case, the High Court decided to let stand a Vermont Supreme Court ruling that upheld a jury verdict against Wyeth over deficient labeling related to the IV push injection of Phenergan. In that case, the Court held that there could only be preemption if the manufacturer presented “clear evidence” that the Food & Drug Administration (FDA) would have rejected the proposed additional warning.

GlaxoSmithKline had argued, among other things, that the Paxil lawsuit was preempted because the FDA took no action to force a warning during the time period Tricia Mason took Paxil, thus, the FDA would not have approved a label change.

The 7th Circuit found that GlaxoSmithKline didn’t meet its burden of showing with “clear evidence” that the FDA would have rejected a change in the Paxil’s labeling. Its ruling overturns a 2008 summary judgment for GlaxoSmithKline granted by the U.S. District Court for the Central District of Illinois.

Paxil is one of a class of drugs called selective serotonin reuptake inhibitors (SSRIs), and has been approved to treat symptoms of depression, obsessive-compulsive disorder (OCD), post-traumatic stress disorder (PTSD), panic disorder, generalized anxiety disorder (GAD), social phobia/social anxiety disorder, and premenstrual dysphoric disorder (PMDD). Paxil was also the first antidepressant formally approved in the U.S. for the treatment of social anxiety disorder.

In 2005, the U.S., a Black Box Warning to the Paxil label regarding its association with an increased risk of suicidal thoughts among adolescents. That warning was expanded to include young adults in 2007.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Positive: Professionalism , Quality , Responsiveness I am so thankful for Parker Waichman’s team. Tina morace was so professional and knowledgeable.
Carol Willis
2 years ago
5 Star Reviews 150
Parker Waichman did an outstanding job handling my case. They help me every step of the way and explain what needed to be done to secure my settlement. They were on top of my paper work and reminded me when items were do. I would highly recommend this firm!
Cynthia Yousef
3 years ago
5 Star Reviews 150
Christina Morace was assigned to my husband’s case and she has been absolutely wonderful. She is the epitome of professionalism she clearly explained every step of the process and always quickly responded to any inquiries you may have based on her treatment of us alone I would recommend Parker Waichman to anyone seeking the legal service they provide.
B Holt
2 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038