Wash. Judge Grants Celexa Plaintiff Summary Judgment on Forest’s Preemption, Learned Intermediary Defenses

SEATTLE — A Washington federal judge has granted summary judgment to a plaintiff on Forest Laboratories Inc.’s preemption defense in a Celexa suicide case, finding no clear evidence that the Food and Drug Administration would not have approved an enhanced warning concerning patient monitoring.

On April 30, Judge Robert S. Lasnik of the U.S. District Court for the Western District of Washington also granted the plaintiff summary judgment on Forest’s learned intermediary defense, noting the prescribing physician testified that he might not have prescribed Celexa had he been provided with a stronger warning.

In 2002, Ray Ilich was prescribed Celexa, …