Federal Court Rules Collateral Estoppel Bars Wrongful Death Suit

Summary

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In a unique case where the plaintiff claimed that the drug fluoxetine - commonly known as Prozac - was largely responsible for him stabbing his wife to death, the U.S. District Court for the Western District of New York concluded the plaintiff's wrongful death suit against the drug manufacturer was precluded by the guilty murder verdict and the proceedings from his prior criminal trial.

Specifically, Judge David G. Larimer in Bernard J. Sorrentino v. Barr Laboratories, Inc. found that the doctrine of collateral estoppel applied to the plaintiff's case since the plaintiff had a full and fair opportunity to litigate his claims during his criminal trial regarding the defendant's alleged failure to properly disclose the side effects of fluoxetine.

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Extract

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Federal Court Rules Collateral Estoppel Bars Wrongful Death Suit

Plaintiff's Murder Conviction

In December 2002, the plaintiff, Bernard Sorrentino, was convicted of Second Degree Murder. The victim of the murder was his wife, who he had stabbed to death in their home.

I...

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