Paxil Suicide Claims are Not Preempted, 7th Circuit Rules

CHICAGO - Federal law does not preempt failure-to-warn claims brought against GlaxoSmithKline because the drug maker failed to show that the Food and Drug Administration would have rejected a Paxil label change warning of the risk of suicide by young adults, the 7th Circuit U.S. Court of Appeals has ruled. Mason, et ux. v. Smithkline Beecham Corp. d/b/a GlaxoSmithKline, No. 08-2265 (7th Cir.).

On Feb. 23, the appellate court reversed an Illinois federal court ruling that the claims were preempted. In doing so, the appellate court referred to Wyeth v. Levine (129 S. Ct. 1187 [2009]), in which the U.S. …