Pfizer Says N.J. Woman's Zoloft Wrongful Death Claim Preempted by FDCA

CAMDEN, N.J. - Pfizer is opposing a New Jersey judge's order denying the company summary judgment in a Zoloft wrongful death action, arguing that the plaintiff's claim is preempted by the federal Food, Drug and Cosmetic Act. McNellis v. Pfizer Inc., No. 1:05-cv-1286 (D. N.J.).

Pfizer had moved for summary judgment in Beth Ann McNellis' lawsuit against the company for the alleged Zoloft-induced suicide of her father. Pfizer argued that McNellis' claims conflicted with the FDCA, but U.S. District Court for the District of New Jersey Judge Jerome B. Simandle disagreed and denied Pfizer's motion without prejudice on Dec. …