Label Or Liability: GSK Faces $3M Verdict Over Product It Didn’t Make
This spring, a Chicago federal jury awarded $3 million to the widow of a lawyer who committed suicide by stepping in front of a CTA L train in Chicago’s Loop in 2010 shortly after taking a generic version of the antidepressant drug Paxil.
While the award fell far short of the $39 million requested by plaintiff Wendy Dolin’s legal team, the verdict against Paxil-maker GlaxoSmithKline still drew the attention of drugmakers and other “innovators” of new consumer products, as the award came despite what GSK argued was a well-established legal principle:
That a manufacturer or “innovator” should not be held liable for damage or injuries inflicted by a product they have not made.
Plaintiffs’ lawyers argue the case is not about that at all, but rather “old fashioned negligence” under GSK’s responsibility for alleged deficiencies in the warning label written by GSK, which accompanies both Paxil and its generic equivalent made by others. [...]bioethics health law policy innovation intellectual property pharmaceuticals