Stepchildren Cannot Recover Under State Wrongful Death Act

AUSTIN, Texas - Stepchildren cannot recover damages under the Texas Wrongful Death Act, a Texas appellate court has affirmed in a Paxil suicide action brought against GlaxoSmithKline. <i.Balas v. GlaxoSmithKline, No. 03-06-00254 (Texas App. Ct., 3rd Dist.).

On June 18, The Texas Court of Appeals, 3rd District, refused to depart from "well-established" case law that the act limits recovery to only biological or legally adopted children, not stepchildren.

In September 2000, Brian Balas wed Darlene Balas, who had three children. Three months later, Brian began taking the anti-depressant Paxil for the treatment of a drinking problem. Brian committed suicide …