Biglaw

Drug Company Found Liable In Biglaw Partner's 2010 Suicide

The partner's widow claimed her husband's suicide was the result of a drug side effect.

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Stewart Dolin

Yesterday, a Chicago jury found drug company GlaxoSmithKline (GSK) liable for the death of Reed Smith partner Stewart Dolin.

Dolin committed suicide in 2010, jumping in front of an oncoming L train six days after he began taking the antidepressant paroxetine, which is a generic of GSK’s Paxil. A lawsuit was brought by Dolin’s widow, Wendy Dolin, who claimed her husband’s suicide was the result of a paroxetine side effect.

The lawsuit also alleged that the company knew of an increased risk of suicidal behavior in patients of all ages, though the label only notes the risk for children and young adults. As Law360 (sub. req.) reports:

What’s more, the lawsuit claimed that GSK knew about the increased risk of suicide for adults taking paroxetine, particularly in the early days of treatment. Dolin said that the company had hidden data proving the link from the U.S. Food and Drug Administration for decades. She testified during the trial that while her husband was sometimes anxious, he had developed coping mechanisms to deal with that anxiety and was seeing a therapist at the time of his death.

The jury awarded the plaintiff $3 million, which, though far less than the $39 million she’d sought (representing lost wages and loss of companionship), was still seen as a major victory, as a statement from the plaintiff’s attorney reveals:

“We are very pleased with the jury’s verdict and are grateful for their diligent service,” said Brent Wisner, co-lead trial counsel for Ms. Dolin in the Paxil suicide case. “We feel justice has been served, and are hopeful this verdict will result in a labeling change to warn that people of all ages are at risk. This should send a clear message to GSK and other drug manufacturers that hiding data and manipulating science will not be tolerated. Brand drug manufacturers have the ability and responsibility to make their drug labels accurate. If you create a drug and know that it poses serious risks, regardless of whether consumers use the brand name or generic version of that drug, you have a duty to warn.”

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GSK, through their representative, indicated they would be appealing the verdict, maintaining that since they did not manufacture the generic drug Dolin took, they aren’t liable. The manufacturer of the generic drug, Mylan, was dismissed from the case, as Law360 reports:

Mylan NV was the manufacturer of the generic but was dismissed from the case in 2014 after U.S. District Judge James Zagel ruled that GSK, as the maker of the brand-name drug Paxil, was responsible for ensuring the label was accurate. The ruling remains controversial.

During the course of the trial, the defense tried to place the blame for Dolin’s suicide on the stress of Biglaw. Dolin had worked for a smaller firm, Sachnoff & Weaver Ltd., before it merged with Reed Smith, and GSK introduced evidence that Dolin felt unprepared to take on Biglaw. They used Dolin’s work challenges, including a negative comment in a performance review, an unhappy client, and upheaval in the corporate and securities practice group, to argue something besides the antidepressant was behind the suicide.

While acknowledging the high rates of depression and suicide within the legal profession, Wendy Dolin still maintains the workplace was not the cause of her husband’s death:

“I know the American Bar Association wanted to put Stewart into the category of Big Law suicides,” Wendy Dolin said. “My question to Big Law is, how many of those lawyers who killed themselves have been on antidepressants these past 20 years? There are a lot of consumer issues here.”

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BREAKING: GSK Hit With $3M Verdict For Reed Smith Atty’s Suicide [Law360 (sub. req.)]
Jury Awards $3M to Widow of Ex-Reed Smith Partner [American Lawyer]

headshotKathryn Rubino is an editor at Above the Law. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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