Wrongful Death Action is Time-Barred, Judge Rules

ALBANY, N.Y. - A New York federal judge has dismissed a fluoxentine wrongful death action on the basis that it was filed outside of the applicable two-year statute of limitations. Sorrentino v. Barr Laboratories Inc., No. 5:09-0591 (N.D. N.Y.).

On May 20, Judge Glenn T. Suddaby of the U.S. District Court for the Northern District of New York explained that although the decedent died while the plaintiff was a minor, there was an acting personal representative available at to file the suit.

Erich Sorrentino, acting pro se, sued Barr Laboratories Inc., alleging that its antidepressant, fluoxentine (generic Prozac), caused his …