Big Pharma Loses in using Drug Preemption Immunity
On August 29th Judge Ronald L. Buckwalter, of the United States District Court for the Eastern District of Pennsylvania submitted a 53-page opinion on the ruling associated with Garrison v. GlaxoSmithKline (GSK) case. As background information, Jake Garrison, 16, was taking the drug Paxil, an anti-depressant and anti-anxiety drug when he committed suicide. The parents filed a lawsuit against GSK the manufactures of Paxil. GlaxcoSmithKline attempted to use a preemption argument, which simply means that if the U.S. Food and Drug Administration has approved a drug or product for use then any litigation brought against the manufacturer for adverse events associated with the drug or product should be dismissed because of said FDA approval. GlaxcoSmithKline’s attempt failed as Judge Buckwalter issued the arguments:
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