Judge: Paxil Case Presents 'Delicate Balance,' Warrants Preemption

INDIANAPOLIS - State law failure-to-warn claims that represent an obstacle to the FDA's efforts to ensure the proper use of a prescription drug are preempted by federal law, a judge has ruled in dismissing allegations that a priest's suicide was caused by Paxil. Tucker v. SmithKline Beecham Corp., No. 04-1748 (S.D. Ind.).

Judge David F. Hamilton of the U.S. District Court for the Southern District of Indiana ruled Sept. 19 that because the FDA has repeatedly failed to substantiate a link between suicide and Paxil treatment in adults, any state law claim that Paxil maker GlaxoSmithKline should have included such …