Paxil Wrongful Death Case Dismissed on Statute of Limitations Grounds

PHILADELPHIA - A judge who recently held that a Paxil failure-to-warn claim is not preempted by federal law has dismissed the case outright on statute of limitations grounds. Collins, et al. v. SmithKline Beecham Corp., February Term, 2007-0762 No. 094007 (Pa. Comm. Pls., Philadelphia Cty.).

According to a docket entry in the Philadelphia Court of Common Pleas, Judge Allan L. Teresko dismissed the case Oct. 29 with prejudice after defendant GlaxoSmithKline argued that the wrongful death claims filed on behalf of Bobby Collins were barred by Pennsylvania's two-year statute of limitations. No written opinion accompanied the order.

Collins' surviving family …