10th Circuit Remands Paxil 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 Paxil are preempted by federal law. Miller v. GlaxoSmithKline Pharmaceuticals, Nos. 08-5042, 08-5050 (10th Cir.).

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 February 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-to-warn claim.