3rd Circuit Denies Rehearing in SSRI Preemption Cases

PHILADELPHIA - The 3rd Circuit U.S. Court of Appeals will not revisit its ruling that the FDA's decision-making authority preempts the failure-to-warn claims of two plaintiffs whose family members committed suicide after taking antidepressant drugs. Colacicco v. Apotex Inc., et al./McNellis v. Pfizer Inc., Nos. 06-3107/5148 (3rd Cir.) (See April 2008 issue of COLUMNS-Drugs and Supplements).

A court majority, led by Judge Dolores Sloviter, denied the plaintiffs' motion for rehearing on May 5. Judges Thomas L. Ambro and D. Michael Fisher dissented without comment.

In a precedential opinion issued late last month, the 3rd Circuit ruled that the plaintiffs' state …