Pa. Judge Says Plaintiff's Paxil Wrongful Death Claim is Preempted

PHILADELPHIA - A Pennsylvania judge has dismissed a plaintiff's wrongful death suit against GlaxoSmithKline and Apotex Inc. for his wife's alleged Paxil-induced suicide, finding that his claim is preempted by federal law. Colacicco v. Apotex Inc., et al. No. 05-5500 (E.D. Pa.).

On May 26, Judge Michael M. Baylson of the U.S. District Court for the Eastern District of Pennsylvania granted Apotex's and GlaxoSmithKline's (GSK) motions to dismiss plaintiff Joseph C. Colacicco's lawsuit, saying that although numerous courts remain in conflict over the issue of preemption, several Supreme Court decisions "point this Court in the direction of deference, and require …