The ‘scope’ of the ‘Seroxat is defective’ trial goes (probably) to the Court of Appeal

The claimants lawyers, Fortitude Law, have informed me that they have applied to appeal the Judgement on ‘scope’ of 9th May. I briefly mentioned the possibility of this at the end of my last piece.

Screenshot_2019-06-04 High Court Judgment Template - 1167 pdf


A solicitor, Peter Todd, has Tweeted that the claim has ‘failed’:

Screenshot_2019-06-04 Peter Todd on Twitter(1)

Screenshot_2019-06-04 Peter Todd on Twitter(2)


However, in my previous reporting I had noted that the defendants had not formally asked for the case to be ‘dismissed’: the word does not appear in the Judgement, and in fact it was part of the claimants’ submission that an ‘application to strike out’ had not been made. (Lawyers – feel free to comment on whether ‘dismiss’ and ‘strike out’ are exactly the same thing).

This appears to be the key paragraph confirming that the claimants could have proceeded, but only if GSK could have defended on the basis of Seroxat’s ‘relative benefits’ (see my piece on SSRIs, second link above):

Screenshot_2019-06-04 High Court Judgment Template - 1167 pdf(1)

Even if the appeal is heard quickly, it seems very unlikely that the trial would resume in the High Court before September, because the witnesses would have to be re-scheduled.

The appeal will add to the costs, which will be a factor in whether the claimants continue or abandon, especially if it is lost.

I will try to follow the case in the Court of Appeal.

(25th November 2019: the claimants have lost their appeal)

About Dr Neil MacFarlane MRCPsych

Independent Psychiatrist providing culturally informed mental health opinion, advice, and a few new facts. Based near London, UK. Main qualifications: BA MBBS MA MRCPsych.

4 responses to “The ‘scope’ of the ‘Seroxat is defective’ trial goes (probably) to the Court of Appeal”

  1. nikki says :

    hi there can any one please tell me if these tweets are the recent outcome of the seroxat group action court case against glaxo Smyth klyne????..that was to commence in may 2019 to October 2019 and has the group lost the case??? I can’t seem to find anymore updates online😑😁…have glaxo won the case???🙄 I’m so pissed off if they have won🙄😑😑😑xxxxx

  2. Anonymous says :

    I am a woman who’s mum was given this drug in her teens , due to this drug I was born with 7 holes in my heart , have had open heart surgery , nearly lost my life on several occasions , now to find out GSK cannot take responsabilty for the defective drug , differance between dismiss an strike out , dismiss ,means not interested in what’s to be said , as strike out , is like being knocked back at the first hurdle n Hartwell

  3. Deirdre Doherty says :

    Thank you for the updates. This is excruciating!

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