N.C. Magistrate Recommends Dismissal of Paxil Case

GREENSBORO, N.C. — A North Carolina federal magistrate judge has recommended dismissal of a Paxil injury case against GlaxoSmithKline LLC (NSE: GLAXO) after denying the plaintiff’s motion to remand the case to state court.

On Dec. 28, Judge L. Patrick Auld found that diversity jurisdiction exists and there are no grounds for abstention. He further found the action was filed well after North Carolina’s three-year statute of limitations period expired.

Scott Fischer was prescribed Paxil in 2004 to treat his obsessive compulsive disorder and anxiety. Over the next five years, while continuously taking the drug, he experienced increasing depression, suicidal …