Judge Denies Paxil Plaintiffs' Attempt to Reverse Preemption Ruling

SACRAMENTO, Calif. - A federal judge has affirmed a prior finding that the Food, Drug & Cosmetic Act preempts product liability claims asserted against GlaxoSmithKline by the family of an adolescent who committed suicide after taking Paxil. O'Neal v. SmithKline Beecham Corp., et al., No. 06-1063 (E.D. Calif.).

Judge Frank C. Damrell Jr. of the U.S. District Court for the Eastern District of California said April 10 that arguments asserted in the plaintiffs' motion for reconsideration of the court's award of summary judgment to GSK were already considered and explicitly addressed in the order.

"After review of the parties' voluminous …