Analysis

GSK Trial Shows Jury's New Role In Drug Labeling Cases

Law360, New York (April 25, 2017, 10:01 PM EDT) -- An Illinois federal jury’s $3 million verdict for the widow of a Reed Smith LLP partner who committed suicide after taking a generic version of GlaxoSmithKline’s Paxil shows the increased role juries have in labeling suits, after the Supreme Court in 2009 raised the bar for companies to sidestep such claims with preemption arguments, experts say.

Wendy Dolin’s suit over her husband Stewart’s 2010 suicide was greenlighted for trial a little more than a year ago, when U.S. District Judge James B. Zagel rejected GSK’s arguments that the dispute was preempted by federal law and refused to determine whether the Paxil...

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