Glaxo's lawyers had used the preemption clause in a previous case, JOSEPH C. COLACICCO,Plaintiff,v APOTEX,et al Defendants, but since this 'get out clause' has been overturned they may find that Joseph Colacicco may wish to once again seek justice.
Plaintiff Joseph Colacicco filed his original complaint on October 21, 2005, alleging the suicide death of his wife, Lois, resulted from the Defendant drug manufacturers’ failure to warn of the increased risk of suicidal behavior linked to the anti-depressant Paxil and/or its generic equivalent.
According to the Complaint, Plaintiff’s wife, Lois Ann Colacicco, complained to heroncologist on October 6, 2003 of mild fatigue and depression. She was prescribed Paxil, manufactured by Defendant GSK. Soon thereafter, she began taking the generic version of the drug, paroxetine hydrochloride, which is a bio-equivalent of Paxil and manufactured by Defendant Apotex. On October 28, 2003, after twenty-two days of ingesting the drug, Lois Colacicco committed suicide in her home.
To use the generic argument here is yet another attempt of Glaxo's highly paid lawyers to keep the truth buried. In the past, their defence has been, the patient was depressed and that was why they killed themselves. That hasn't washed with many judges so now they seek to blame generic versions of Seroxat.
I suppose next they will blame the coating on the tablet for a person taking their life!
JOSEPH C. COLACICCO,Plaintiff,v APOTEX,et al Defendants - Filed here
Read the new book, The Evidence, However, Is Clear...The Seroxat Scandal
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'THE EVIDENCE, HOWEVER, IS CLEAR...THE SEROXAT SCANDAL' By Bob Fiddaman
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