Following on from yesterday's series of motions filed by GSK in the Dolin v GSK Paxil induced suicide trial, today sees five more rib-ticklers from the British pharmaceutical giant.
The motions better known in legal circles as Motions in Limine (“MIL”) - To be honest, they should be known as Motions I Find Funny, MIFF, if you will.
Yesterday saw me re-write the lyrics to a classic Motown tune whereby Smokey Robinson and the Miracles, "I Second That Emotion" became, "Go Ahead and Write That Motion."
In this second part of GSK's laughable motions I will be signing off with another classic, this time from the American band, The Mavericks. More on this later.
Yesterday saw me publish the first 5 motions filed by GSK, motions that are designed to win a case that is, seemingly unwinnable from their point of view.
Here's 5 more.
Defendant GlaxoSmithKline LLC (“GSK”) moves the Court in limine for an order excluding from trial certain improper types of testimony by Plaintiff’s purported experts.Although Glaxo name three experts for the plaintiff (Dolin), it appears, after reading through this particular 15 page motion, that David Healy seems to be someone they have a beef with. I've already highlighted Glaxo's apparent beef with Healy here and here. In a nutshell, they do not want Healy to give evidence, their reasoning behind this is straight from the school yard. Boo-hoo.
Another gem...
Defendant GlaxoSmithKline LLC (“GSK”) moves the Court in limine for an order excluding from trial certain opinions and hearsay statements by Plaintiff’s expert, Dr. Joseph Glenmullen.The reason, GSK claim is that Glenmullen intends to claim, as part of his expert opinion, that " Paxil/paroxetine posed a greater increased risk of suicidality than other SSRIs."
Notice the wording? It's basically an admittance that Pail can cause akathisia in adults which can lead to suicide. GSK just don't want their product to be top of the charts, which is a stark contrast to when their promotional team used sales pitches to prescribing Dr's, describing it as safe and effective, better than Prozac (Paxil's main competitor at the time) - They ere happy to be top of the list back then, yet today they'd much prefer that Paxil played second fiddle to the likes of Prozac, Zoloft, Celexa etc.
Having your cake and eating it springs to mind.
Here's a real classic...
Defendant GlaxoSmithKline LLC (“GSK”) moves the Court in limine for an order excluding from trial any evidence of, or reference to, other claims, lawsuits, governmental investigations or charges, or media reports regarding Paxil.
So, basically GSK don't want the Judge or jury to see Paxil's history of causing birth defects, suicide, homicide, severe withdrawal problems. Furthermore, they don't want the Judge or jury to know about the illegal marketing they carried out with Paxil, a result of which saw them plead guilty to the US Department of Justice. The guilty plea resulted in a record-breaking $3 billion and documents released from that litigation showed how they had...
- unlawfully promoted Paxil for treating depression in patients under age 18
- participated in preparing, publishing and distributing a misleading medical journal article that misreported that a clinical trial of Paxil demonstrated efficacy in the treatment of depression in patients under age 18.
- did not make available data from two other studies in which Paxil also failed to demonstrate efficacy in treating depression in patients under 18.
- sponsored dinner programs, lunch programs, spa programs and similar activities to promote the use of Paxil in children and adolescents.
Putting the $3 billion aside, Glaxo also don't think it's fair that the Judge and jury see a previous case regarding Paxil and suicide. Tobin vs SmithKline Beecham saw a jury return a verdict of guilty when they were asked to deliberate one simple question. See fig 1. (Click to enlarge)
Fig 1
This request is akin to a request from a defence team asking that an accused murderer be given a fair trial, ergo no mention of the serial killing spree he went on before the crime he stands accused of today, because, well, because that just wouldn't be fair.
Next...
Defendant GlaxoSmithKline LLC (“GSK”) moves the Court in limine for an order excluding from trial any evidence of, or reference to, its 2012 plea agreement, civil settlement agreements, and associated documents.
So, they plead guilty to a whole host of violations, including fraud centered around the promotion of Paxil and yet they don't want the Judge or jury to know this? What planet are they from? Do they really think that jury members won't already know about their abhorrent history, do they honestly believe this? GSK's rap sheet extends far beyond the $3 billion fine handed down to them in 2012. In fact, I put three videos together way before the 2012 guilty plea. You can view them here, here and here.
Defendant GlaxoSmithKline LLC (“GSK”) moves the Court in limine for an order precluding Plaintiff from attempting at trial to contradict, dispute, retract, or modify judicial admissions that she has made before this Court, in filings and otherwise.
Hopefully, what's good for the goose, is good for the gander.
I guess a good question would be can Paxil cause suicide - they will answer yes.
Then hit them with the curve-ball - You have known about the suicide link since the early 1990's and, for many years denied it, what makes you think you are entitled to retract statements yet you have filed a motion requesting that Plaintiff be denied that right?
It's a fair enough question, right?
...
And now some music.
Sing-a-long now.
Lyrics beneath the video.
Paxil, All You Ever Do Is Bring Me Down
I can't sleep a wink anymore
Side effects from Paxil I can't ignore.
Then I just started pacing to forget
But I don't think the worst has happened yet.
[Chorus]
All you ever do is bring me down
Turning my whole world upside down.
They all wonder why I wear a frown
That's cause Paxil, all it does is bring me down
It's funny how my whole world fell apart
Paxil changed my mood right from the start
I tried to tell myself I wasn't blue
Yet all along the company, Glaxo, knew.
[Repeat chorus twice]
The Fidericks 2016
Music by The Mavericks
Bob Fiddaman.
Back Stories
Dolin v GSK
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