The latest in the on-going Paxil induced suicide trial from Chicago.
Despite being told by the Judge to not overwhelm the jury with evidence, GSK have submitted page after page of evidence that it wishes to present to the jury, much of which is hearsay and irrelevant. One document is almost 600 pages in length!
Despite being told by the Judge that the jury don't need to know that Stewart Dolin took a generic version of Paxil, GSK have thrown their toys out of the pram and made demands that the jury should know (Boo-hoo)
GSK have, in Dolin vs GSK, filed endless amounts of motions, 90% of which have been denied by the Judge.
GSK have also targeted the experts for Dolin, in particular, David Healy, who they depositioned for almost ten hours, nine of which were questions about his private and personal life and not about the science (data), of which he has been called to provide evidence.
GSK have also filed countless subpoenas requesting that the widow of Stewart Dolin provide them with cell phone records from her personal phone and that of her late husband's, Stewart.
GSK have also shown private medical notes of Stewart to his children.
Well, now it seems GSK are crying that they don't have enough time to prepare to defend the allegations brought against them by Stewart's widow, Wendy. Law360 are reporting that GSK, via their highly paid attorneys, are now, in a last ditch attempt, trying to make claim that they are not prepared for trial ~ Hey, it's only been, um, like, almost five years since she first filed.
Law 360 writes...
An amended complaint filed by Wendy Dolin, the wife of late Reed Smith partner Stewart Dolin, last week brings new allegations to the fore that GSK intentionally did not warn consumers of Paxil that the antidepressant could increase suicidal thoughts and behavior — at least according to GSK's motion Thursday to do away with the claims.
GSK said that it is unprepared to defend against accusations of willful and wanton conduct at a trial set to begin March 14 and that Wendy Dolin's attorneys should not be allowed to press the claims.
“Specifically, GSK has had no opportunity to investigate or tailor its defense to these late claims which plaintiff filed, without any explanation for the undue delay; nearly five years after this case commenced; almost two years after the close of discovery; and after the court considered and ruled on multiple dispositive motions and motions in limine,” the company argued.
The amended complaint charges GSK of "wanton and willful conduct" with regard to them intentionally not warning consumers of Paxil that the antidepressant could increase suicidal thoughts and behavior.
GSK are claiming that Stewart Dolin contributed to his own death - they have previously tried every trick in the book to make it appear as if Paxil had nothing to do with his Paxil induced akathisia (which is a precursor to suicide thoughts and completion)
This from Law360...
Dolin's attorney R. Brent Wisner of Baum Hedlund Aristei & Goldman PC told Law360 on Friday that it was untrue that GSK is not prepared to defend against the accusations. He said the latest complaint was a standard pretrial effort, approved of by the judge, to “clean up” the complaint by clarifying allegations that had already been submitted to the court.
He added that Illinois law allows plaintiffs to allege two kinds of negligence, both standard failure to fulfill a duty and willful and wanton conduct. If the court finds that GSK intentionally hid negative side effects from Stewart Dolin and other Paxil patients, then the company cannot mitigate damages by alleging that the late Dolin contributed to his own death.
So, it appears that Dolin's allegations were initially approved of by the Judge and that GSK are, once again, stalling the wheels of justice - I wrote my thoughts on this here.
The eagerly awaited trial commences next month (March 14) in Chicago. It will be interesting to see if GSK decide to make an offer of a settlement in this case. In 2001, after defending it's drug Paxil in the implcation that it induced the homicide and suicide of Donald Schell, the jury were asked one simple question, to which they replied "Yes". (See Fig 1)
GSK is represented by KING & SPALDING LLP and DENTONS LLP.
Dolin back stories.