A federal judge has refused to certify a class action on behalf of minors who took the antidepressant drug Paxil and later attempted or committed suicide, finding that the handful of common legal issues shared by the class would be “overwhelmed” by factual and legal issues in the individual cases.
In his 32-page opinion in Blain v. SmithKline Beecham Corp., U.S. District Judge Timothy J. Savage found that the proposed class failed to satisfy nearly all of the key requirements of Rule 23 of the Federal Rules of Civil Procedure — commonality, typicality, predominance, superiority and adequacy of representation.
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