2nd Cir. Upholds Summary Judgment Award to Lexapro Makers in Multi-Plaintiff Case
July 31, 2023
NEW YORK — A federal appellate panel has upheld an award of summary judgment to the makers of Lexapro, ruling that a trial court properly excluded plaintiffs’ expert testimony concerning the alleged causal relationship between the antidepressant and autism spectrum disorder (ASD).
In a July 28 summary order, the 2nd Circuit U.S. Court of Appeals panel affirmed that Dr. Lemuel Moyé, cherry-picked studies to support his opinions, and that Drs. Laura Plunkett and Patricia Whitaker-Azmitia based their opinions solely on biological possibility, which was not enough to overcome plaintiffs’ general causation hurdle.
Plaintiffs sued Allergan PLC, Forest Pharmaceuticals Inc. and …