Generic Paxil Suicide Lawsuit

Citizens Commission on Human Rights Award Recipient (Twice)
Humanist, humorist

Thursday, March 22, 2018

GSK's Nutcracker Dilemma

A tough woman who, when provoked, will literally crack your nuts. - Urban Dictionary (5)

GSK has been delivered a swift kick in the gonads regarding the Dolin Vs GlaxoSmithKline appeal process.

The company was held liable in April 2017 when a jury found it responsible for the labeling on their Paxil product as well as generic equivalents.

Ever since then GSK, via their hired attorneys, King & Spalding, has been crying like big babies. Motions have been filed whereby they blame the jury. Motions have been filed whereby the blame the Judge too.

In fact, since this case first came to light GSK have blamed everyone but themselves, including the victim, Stewart Dolin, his doctor, and even the FDA!

Now they have someone else to blame, namely the States of California and Massachusetts.

In a decision released last Friday in Rafferty v. Merck, case number SJC-12347, the Massachusetts Supreme Judicial Court ruled that brand-name drug makers can be sued for recklessness if they intentionally fail to update warning labels for their products that makers of generic versions must also adopt. Rafferty had alleged that he suffered from side effects, including sexual dysfunction, after taking the generic version of Merck’s Proscar. Rafferty's case against Merck was previously thrown out but the ruling was reversed last week, allowing Rafferty to sue Merck for recklessness rather than negligence.

Recklessness basically means the claimant has to show that a drug maker intentionally failed to update its warning label despite knowing the risks. This was already proven in the original Dolin Vs GSK case; hence the jury reached a decision that found GSK liable. The jury found for Dolin and awarded her $3 million. However, she has not seen a penny as GSK has filed motion after motion in efforts to avoid paying and have the judgment overturned. Now the recent Massachusetts decision means GSK will have to rethink their strategy, possibly by blaming Wendy Dolin's next door neighbor's cat!

Back in December 2017,  the California Supreme Court also ruled that brand-name drug makers can be sued for failing to warn users about the risks of generic versions of their drugs.

It's not looking good for GSK as their appeal to the Seventh Circuit to overturn the Dolin verdict seems dead on arrival. Today's news is great for Dolin's attorneys, Baum Hedlund, who are now also looking to help consumers who have attempted suicide whilst taking paroxetine manufactured by Apotex.

Back stories of how the Dolin trial unfolded below.

Bob Fiddaman

Dolin v GSK - Opening Arguments

Dolin Vs GSK - Day Two - "Jack-In-The-Box"

Dolin vs GSK - Healy 'Rocks Da House'

Dolin Vs GSK - JP Garnier Video Deposition

Dolin Vs GSK - The Dunbar Tape

Dolin Vs GSK - Day 4 - Slam Dunk

Dolin Vs GSK - 8.9 Suicide Increase For Adult Paxil Users

Dolin Vs GSK - Day 6 - Ass Kicking Semantics

Dolin Vs GSK - Day 7 - Abraham Lincoln

Dolin Vs GSK - Day 8 - Get to the Point, Todd!

Dolin Vs GSK - Glenmullen Nails It!

Dolin Vs GSK - "Babes"

Dolin Vs GSK - Wendy's Cross and GSK's Petition

Dolin Vs GSK - Robert "Bling Bling" Gibbons

Dolin Vs GSK: Suicide Prevention Warning "Futile", Claims GSK Exec

Dolin Vs GSK: Jury shown List of the Dead in Paxil Clinical Trials

Dolin Vs GSK: Last Man Standing & The Return of Dr. Healy

Dolin Vs GSK: Closing Arguments

Dolin Vs GSK - The Verdict

Exclusive: Interview With Wendy Dolin

From Chicago to New York - The Legacy of Stewart Dolin

Dolin Wins...Again

Dolin Vs GSK: Personal Vendetta or Bigger Picture?

GSK's Attorney Labels His Failure An "Accomplishment"

Generic Paxil Lawsuits Filed

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