LexisNexis® Mealey's™ Antidepressant Drugs Legal NewsHeadline Antidepressant Drugs Legal News from LexisNexis®GSK Maintains Fairness Of Costs, Opposes Deferred Payment- (Found September 17, 2008 ) NEW ORLEANS - Costs sought by the maker of Paxil after being awarded summary judgment based on the learned intermediary doctrine are fair, the company maintains in a June 10 brief in which it states that it will not agree to allowing the plaintiffs to defer payment until after an appeals court affirms or reverses the ruling (Shelia Allgood, et al. v. GlaxoSmithKline, No. 06-3506, E.D. La.; See March 2008, Page 16). Full story on lexis.comhttp://www.mealeysonline.com/mealey/ppv/articleSearch.do?searchTerm=%22%204-11 Mealeys... Judge: Potential Claim Against Physician Does Not Warrant Remand- (Found September 17, 2008 ) SHREVEPORT, La. - A woman's potential medical negligence claim against the physician who prescribed her husband Paxil and Effexor and his insurance company is not a suitable ground for remanding her case to state court, a judge ruled June 5, because the investigation of her claim by a medical review panel is pending (Laura Hedgepeth v. GlaxoSmithKline, et al., No. 07-2220, W.D. La.; 2008 U.S. Dist. LEXIS 44387). Full story on lexis.comhttp://www.mealeysonline.com/mealey/ppv/articleSearch.do?searchTerm=%22%204-11 Mealeys... Couple Designate Expert In Cymbalta Suicide Case- (Found September 17, 2008 ) SIOUX FALLS, S.D. - A South Dakota couple on June 9 designated Harvard psychiatrist Dr. Joseph Glenmullen as their lead expert in their case alleging that Cymbalta maker Eli Lilly & Co. is liable for their son's December 2004 suicide (Paul and Cynthia Schilf, et al. v. Eli Lilly & Co., No. 07-CV-04015-LLP, D. S.D.; See April 2008, Page 17). Full story on lexis.comhttp://www.mealeysonline.com/mealey/ppv/articleSearch.do?searchTerm=%22%204-11 Mealeys... Experts Are Well Qualified To Proffer Opinions, Woman Contends- (Found September 17, 2008 ) CHEYENNE, Wyo. - Experts opining that Paxil and other selective serotonin reuptake inhibitors (SSRIs) can increase the risk of suicide in some patients and that Paxil's warnings regarding that risk were inadequate are well qualified to proffer their opinions because they are based on reliable methodologies and experience, a woman says in briefs opposing exclusion of the experts' testimony (Linda Van Dyke v. GlaxoSmithKline, et al. No. 05-cv-00153-ABJ, D. Wyo.; See related story in this issue)...http://www.mealeysonline.com/mealey/ppv/articleSearch.do?searchTerm=%22%204-11 Mealeys... U.S. Cites To Device Law, Regulation In Arguing Drug Preemption To High Court- (Found September 17, 2008 ) WASHINGTON, D.C. - The federal government relies heavily on medical device preemption case law and regulation in urging the U.S. Supreme Court to find that drug claims are similarly preempted in a June 2 amicus curiae brief (Wyeth v. Diana Levine, No. 06-1249, U.S. Sup.; See February 2008, Page 15). Full story on lexis.comhttp://www.mealeysonline.com/mealey/ppv/articleSearch.do?searchTerm=%22%204-11 Mealeys... Generic Ibuprofen Warning Claim Found Preempted In California- (Found September 17, 2008 ) SAN JOSE, Calif. - A California federal judge on June 13 ruled that the failure-to-warn claims of a child who needed a liver transplant and lost parts of his fingers and toes after taking generic ibuprofen are preempted by federal law (Margarita Gaeta, et al. v. Perrigo Pharmaceuticals Company, et al., No. 05-4115, N.D. Calif., San Jose Div.). Full story on lexis.comhttp://www.mealeysonline.com/mealey/ppv/articleSearch.do?searchTerm=%22%204-11 Mealeys... Generic Reglan Makers Lack Duty To Change Labels; Warning Claims Preempted- September 17, 2008 MINNEAPOLIS - Two generic Reglan manufacturers are preempted by federal law from unilaterally changing their warning labels, have no duty to make changes and cannot issue dear doctor warning letters, a federal judge ruled June 17 in granting dismissal in an injury case (Gladys Mensing v. Wyeth, Inc., et al., No. 07-3919, D. Minn.). Full story on lexis.comhttp://www.mealeysonline.com/mealey/ppv/articleSearch.do?searchTerm=%22%204-11 Mealeys... Parties Debate Colacicco's Applicability On Paxil Birth Defect Cases- September 17, 2008 FORT LAUDERDALE, Fla. - A woman and the maker of the generic version of Paxil on May 23 submitted briefs debating the applicability of the Third Circuit U.S. Court of Appeals' ruling in Colacicco v. Apotex Corp. (521 F.3d 253 3rd Cir.) to cases involving birth defects allegedly caused by Paxil use by pregnant women (Heather Masterson v. Apotex Corp., et al., No. 07-61665, S.D. Fla.; See May 2008, Page 18). Full story on lexis.comhttp://www.mealeysonline.com/mealey/ppv/articleSearch.do?searchTerm=%22%204-11 Mealeys... Judge Refuses To Stay Paxil Case Pending High Court's Preemption Ruling- September 17, 2008 MILWAUKEE - Staying a Paxil suicide attempt case until the U.S. Supreme Court decides on preemption in Levine v. Wyeth (___ A.2d ___, cert. granted, 128 S. Ct. 1118 2008), scheduled to be heard in October, is not warranted when the defendant plans to raise other defenses that could be dispositive of the case, a federal judge ruled June 6 (Gary A. Forst, et al. v. SmithKline Beecham Corp., dba GlaxoSmithKline, No. 07-c-612-JPS, E.D. Wis.; See May 2008, Page 14). Full story on lexis.comhttp://www.mealeysonline.com/mealey/ppv/articleSearch.do?searchTerm=%22%204-11 Mealeys... Widow: Government's Preemption, Learned Intermediary Arguments Fail- September 17, 2008 CHEYENNE, Wyo. - The U.S. government should not be awarded summary judgment based on federal preemption or the learned intermediary doctrine because it has failed to raise the issues as affirmative defenses and because the physicians and nurses at the Department of Veterans Affairs (VA) hospital who prescribed and dispensed the drugs owed her husband a duty to adequately warn about Paxil's association with the possibility of an increased risk of suicide, a widow says in a June 9 brief (Linda...http://www.mealeysonline.com/mealey/ppv/articleSearch.do?searchTerm=%22%204-11 Mealeys... |