STORY FROM: Drugs & Medical Devices

Widow Asks U.S. Supreme Court to Review Preemption Issue in Paxil Suicide Case

CHICAGO — The widow of a man who committed suicide a week after he began taking GlaxoSmithKline’s Paxil has asked the U.S. Supreme Court to determine whether federal law allows drug makers to add enhanced warnings to their labels to reflect risks revealed by clinical trials.

In a Dec. 20 petition for writ of certiorari, the plaintiff is challenging an appellate panel’s determination that her claims are preempted because federal law would have prevented GSK from adding a warning that Paxil can cause suicide in adults.

The specific question presented to the high court is whether federal law prevents drug ...

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