Judge Denies Plaintiff's Motion for Issue Preclusion in Paxil Lawsuit

MACON, Ga. - A federal judge has denied a Paxil plaintiff's request to estop GlaxoSmithKline from relitigating issues of general causation and fault, saying it would be unwise to 'freeze' as the final word scientific findings in a 2001 Paxil verdict without taking into account possible subsequent advances. Clark v. SmithKline Beecham, No. 06-30 (M.D. Ga.).

Judge Hugh Lawson of the U.S. District Court for the Middle District of Georgia further stated in the Nov. 15 order that it was uncertain whether granting plaintiff Gail Clark's motion for partial summary judgment would actually save that much time or money.

'While …