La. Judge Dismisses Paxil Suit, Says Doctor Was Adequately Warned

NEW ORLEANS - A lawsuit brought against GlaxoSmithKline PLC by the heirs of a man who committed suicide after allegedly taking Paxil was dismissed on Feb. 25 by a Louisiana federal judge under the learned intermediary doctrine and judicial estoppel. Allgood v. GlaxoSmithKline PLC, No. 06-3506 (E.D. La.).

Judge Eldon E. Fallon of the Eastern District of Louisiana found no issues of fact as to whether the decedent's physician would have prescribed the antidepressant if it came with a stronger warning about the risk of suicidal tendencies.

The judge further ruled that judicial estoppel defeats the plaintiffs' claims because …