Parents who allege Forest Pharmaceuticals Inc. deceptively marketed the antidepressant Lexapro as effective in adolescents have asked the U.S. Court of Appeals for the First Circuit to reinstate their would-be class suit (Marcus v. Forest Pharm. Inc., 1st Cir., No. 14-1290, opening brief).
The District of Massachusetts misinterpreted and misapplied California’s safe harbor defense in dismissing their consumer suit, Randy and Bonnie Marcus said in a July 23 brief.
The couple’s son, then 17, was prescribed Lexapro in 2009—about a month after the drug was approved to treat major depressive disorder in adolescents.
Lack of Efficacy.
The couple ...
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