Glaxo's attorney's have been hard at it - alas they are coming up against a steadfast gavel in Judge James B. Zagel.
The whole argument stems from a lawsuit surrounding the suicide of Stewart Dolin. In June 2010 Dolin visited his family doctor who wrote him a prescription for Paxil for "work-related anxiety and depression". Dolin's prescription was dispensed but he received the generic form, manufactured by Mylan.
Six days after beginning his course of the generic Paxil, Dolin left his office shortly after having returned from lunch with a business associate. He walked to a nearby Chicago Transit Authority Blue Line station at Washington and Dearborn in downtown Chicago. As a northbound train approached the station, Mr. Dolin leaped in front of it to his death. Blood tests taken with Mr. Dolin’s autopsy were positive for paroxetine.
Glaxo have argued that Dolin took the generic form of Paxil manufactured by Mylan therefore they were not responsible for the side effects [suicide] but Judge Zagel ruled otherwise.
Zagel told Mylan that they would not have to face any trial but said Glaxo was responsible for the generic drug's design and warning label and would have to face negligence claims.
Yesterday the 7th Circuit denied GSK’s writ questioning Judge Zagel’s ruling. (GSK argued that Judge Zagel’s decision was “patently wrong” and he - Judge Zagel - should be ordered to enter judgment in favor of GSK.)
Their petition for a writ of mandamus was denied.
GSK to Face Negligence Claims in Adult Paxil Suicide Trial
Another Paxil Suicide Adds to Glaxo's Woes