Learned Intermediary Bars Effexor Suicide Claims, Magistrate Says

SHERMAN, Texas - A federal magistrate judge has recommended that Wyeth be awarded summary judgment in a case filed against the manufacturer by the family of a man who killed himself after taking the anti-depressant Effexor. Ackermann v. Wyeth, No. 05-84 (E.D. Texas).

Magistrate Judge Don D. Bush of the U.S. District Court for the Eastern District of Texas issued the ruling Nov. 2, recommending that Rozlyn Ackermann's claims be dismissed based on the learned intermediary doctrine. Bush, however, refused to recommend summary judgment based on the statutory presumption of non-liablity created under the Texas Civil Practice & Remedies Code, …