LOS ANGELES (CN) – A California appeals court allowed a plaintiff to proceed with a class action accusing Glaxosmithkline Inc. of misrepresenting the effects of its antidepressant, Paxil.
Kevin Johnson claimed that Paxil is habit-forming, contrary to the representations of GSK. When he stopped using the drugs, he suffered from headaches, heart palpitations, and “the sensations of electric shocks throughout his body.”
The decision by Justice Perluss reversed the trial court’s determination that Johnson’s suit was precluded by two failed federal class actions.
Perluss ruled that collateral estoppel does not apply to Johnson’s suit because “the first requirement – identity of the issue to be precluded from re-litigation – is missing.”
For example, one of the cases decided the propriety of certifying a nationwide class of Paxil users.
“That question, of course, is not represented by Johnson’s putative class action on behalf of California consumers of Paxil,” Perluss wrote.