Legal Opinion

Mason v. SmithKline Beecham Corp.

Court of Appeals for the Seventh Circuit

Decided February 23, 2010No. 08-2265PublishedCited by 41 opinions

1Opinion of the Court

EVANS, Circuit Judge.

Twenty-three-year-old Tricia Mason committed suicide on March 2, 2003, two days after she started taking Paxil, a popular antidepressant. Her parents sued the manufacturer of the drug, the Smithkline Beecham Corporation, claiming it was negligent (among other things) for not warning that taking Paxil increases the risk of suicide, especially among young adults. The district court granted summary judgment for the company in 2008. The court concluded that the Masons’ claims were preempted under federal law because the warnings they say should have been included about Paxil…

2Cases cited4 opinions

  1. English v. General Electric Co.Supreme Court of the United States · 1990
  2. Wyeth v. LevineSupreme Court of the United States · 2009
  3. 36 Fed. R. Evid. Serv. 1338, prod.liab.rep. (Cch) P 13,478 Kathy D. Tobin, (91-6413), (91-6478) v. Astra Pharmaceutical Products, Inc., (91-6413), Duphar B v. (91-6478)Court of Appeals for the Sixth Circuit · 1993
  4. In Re Prempro Products Liability LitigationCourt of Appeals for the Eighth Circuit · 2009

3Cited by41 opinions

  1. Merck Sharp & Dohme Corp. v. AlbrechtSupreme Court of the United States · 2019
  2. Robinson v. McNeil Consumer HealthcareCourt of Appeals for the Seventh Circuit · 2010
  3. Cerveny v. Aventis, Inc.Court of Appeals for the Tenth Circuit · 2017
  4. Nicole Nelson v. Great Lakes Educational Loan SCourt of Appeals for the Seventh Circuit · 2019
  5. In Re Fosamax (Alendronate Sodium) Products Liability LitigationCourt of Appeals for the Third Circuit · 2017

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