nutcracker
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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