10th Circuit Remands Effexor Case in Light of Wyeth v. Levine

DENVER - In light of Wyeth v. Levine, a federal appeals court has vacated a trial court's ruling that state law claims for failure to warn of suicide risks associated with Wyeth Pharmaceuticals' Effexor are preempted by federal law. Dobbs v. Wyeth Pharmaceuticals, No. 04-1762 (W.D. Okla.).

On June 2, the 10th Circuit U.S. Court of Appeals, led by Judge Robert H. Henry, noted that after the trial court issued its decision in January 2008, the U.S. Supreme Court, in Wyeth v. Levine (129 S. Ct. 1187 [2009]), established a new standard for a federal preemption defense against a failure …