Effexor Failure-To-Warn Claims Are Not Preempted, Judge Rules

PHILADELPHIA - A federal judge denied Wyeth Pharmaceutical's motion for summary judgment in an Effexor failure-to-warn case, ruling that the drug maker failed to show that the Food and Drug Administration would not have approved a change in the drug's label. Baumgardner, et al. v. Wyeth Pharmaceuticals, Nos. 06-2518, 06-2519, 06-2520, 06-2521, 06-2522, 06-2523, 06-2524, 06-2525, 06-2526, 06-2527 (E.D. Pa.).

On Aug. 31, Senior District Judge John P. Fullam of the U.S. District Court for the Eastern District of Pennsylvania explained that the drug maker ultimately bore the responsibility for the content of its label.

Renee Baumgardner, Corey Baadsgaard, Melody …