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Expert Analysis

7th Circ. Focuses On Impossibility Preemption In Dolin V. GSK

By William Essig (August 24, 2018, 4:30 PM EDT) -- In a much-anticipated ruling on the appeal of a $3 million verdict against GlaxoSmithKline in a wrongful death case involving the Paxil generic, paroxetine, the U.S. Court of Appeals for the Seventh Circuit reversed on Wednesday and held that the plaintiff's claims were preempted under Wyeth v. Levine.[1][2] The appellate court's decision was also notable in that the court ruled on the preemption issues without addressing whether Illinois law would permit a claim of "innovator liability" against brand manufacturer GSK when the plaintiff had only taken generic paroxetine manufactured by a different company.[3]...

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