9th Cir. Panel Upholds Dismissal of Lexapro Suicide Action



DOCUMENTS
  • Memorandum


SAN FRANCISCO — A federal appeals court panel has upheld dismissal of a Lexapro suicide case, agreeing with the lower court that the anxiety drug’s label clearly warned of the risk of suicidality in adolescents.

In a Feb. 11 memorandum, the panel also found the plaintiffs failed to plead their fraud claims in accordance with Rule 9(b)’s heightened pleading requirements.

According to the complaint, Kennadi Knighten, 15, was prescribed Lexapro during a one-day hospital stay, which she refilled only once, prior to committing suicide. Her parents, Stephanie Patton and Kendrick Knighten, sued the drug’s manufacturers, Forest Laboratories Inc. and Allergan …






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