Paxil suit by widow of Reed Smith partner heads to trial without summary judgment ruling
A lawsuit filed by the widow of a Reed Smith partner against the makers of Paxil is headed to trial after a federal judge indicated he won’t rule on summary judgment motions before the Sept. 19 trial date.
The suit by Wendy Dolin claims GlaxoSmithKline failed to warn that the suicide risks of the antidepressant extended to adults older than 24, the Am Law Daily (sub. req.) reports. The suit, filed in Chicago federal court, claims GSK deliberately concealed its knowledge that Paxil had an association with suicide in adults.
Dolin’s husband, Stewart Dolin, died after stepping in front of a commuter train in Chicago in July 2010. His death was ruled a suicide.
Stewart Dolin was a Reed Smith partner who co-chaired the law firm’s U.S. corporate and securities practice when he died at the age of 57. He had begun taking a generic version of Paxil just six days before, according to the suit.
GlaxoSmithKline contends the suit should be dismissed because the U.S. Food and Drug Administration didn’t require warnings about suicide risks for patients taking Paxil who were over 24 years old. The company also says its drug didn’t cause the harm.
Wendy Dolin had also named as a defendant the company that made the generic version of Paxil taken by her husband. U.S. District Judge James Zagel ruled in 2014 that the claims against the generic drug maker were pre-empted by federal drug labeling law.
