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Case Law Update: Warnings on Anti-Depressants

Giles v. Wyeth, Inc., No. 07-3149 (2/12/09) found that in a wrongful death action against defendant-manufacturer of anti-depressant drug Effexor in which jury found in favor of defendant, Dist. Ct. did not abuse its discretion in excluding warnings with respect to risk of suicide in younger persons that accompanied Effexor following plaintiff-decedent’s death by suicide two days after taking said drug. Record failed to show that defendant knew or should have known information contained in warnings at time of plaintiff’s death, and warnings otherwise did not pertain to individuals in decedent’s age group. This seventh circuit decision will have a great effect on Illinois lawyers trying medical malpractice cases.