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J Am Acad Psychiatry Law. 2003;31(3):377-82.

Causality and collateral estoppel: process and content of recent SSRI litigation.

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1
Forensic Acute Unit, Utah State Hospital, Provo, UT, USA. pwhitehe@utah.gov

Abstract

In Tobin v. SmithKline Beecham Pharmaceuticals a jury in the U.S. District Court for the District of Wyoming found that the medication Paxil "can cause some individuals to commit homicide and/or suicide," and that it was a legal cause of the deaths in this case. A motion was recently put before the United States District Court for the District of Utah to adopt the findings of the Tobin case--via the application of collateral estoppel--to a case involving an individual's suicide while prescribed Paxil. This article summarizes these two cases, as reflected in court documents, and comments on limitations of common causality assertions.

PMID:
14584540
[Indexed for MEDLINE]
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