5th Cir. Affirms Dismissal of Suit Against Generic Drug Maker

NEW ORLEANS - The 5th Circuit U.S. Court of Appeals has affirmed that a wrongful death suit against the maker of a generic antidepression drug was improperly served and should be dismissed. Gartin v. Par Pharmaceutical Companies Inc., No. 07-40451 (5th Cir.).

The appellate court ruled on July 24 that the plaintiffs failed to show good cause for their failure to serve all of the named defendants within 120 days.

Fifteen-year-old Sabrina Gartin committed suicide in March 2004, four months after she allegedly began taking fluoxetine, a generic form of Prozac.

On March 27, 2006, one day before …