United States Seventh Circuit

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Mason v. Smithkine Beecham Corp., 08-2265

In plaintiffs' lawsuit against the manufacturer of the drug Paxil, an antidepressant, claiming that the company was negligent for not warning that taking the drug increases risk of suicide, district court's grant of defendant's motion for summary judgment is reversed and remanded as, in light of the extensive showing required by Wyeth v. Levine, 555 U.S. _, 129 S.Ct. 1187 (2009), defendant did not meet its burden of demonstrating by clear and convincing evidence that the FDA would have rejected a label change warning about the risk of suicide by young adults before plaintiffs' daughter's life came to an end at 23.

Appellate Information

  • Argued 10/05/2009
  • Decided 02/23/2010
  • Published 02/23/2010

Judges

  • EVANS, Circuit Judge., Before EVANS and SYKES, Circuit Judges, and SIMON, District Judge .

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Christopher L. Coffin, Attorney, Pendley, Baudin & Coffin, LLP, Plaquemine, LA, Bijan Esfandiari, Attorney, Baum, Hedlund, Aristei & Goldman, PC, Los Angeles, CA, for Plaintiffs-Appellants.

  • For Appellees:
  • Chilton D. Varner, Attorney, King & Spalding, Atlanta, GA, Daryl Joseffer, King & Spalding, Washington, DC, for Defendant-Appellee.