Illinois Judge Says Federal Law Preempts Paxil Suicide Claims

SPRINGFIELD, Ill. - Federal law preempts failure-to-warn claims brought against GlaxoSmithKline by the parents of a woman who committed suicide after taking the antidepressant drug Paxil, an Illinois federal judge ruled April 23. Bonnie J. Mason, et ux. v. Smithkline Beecham Corp. d/b/a GlaxoSmithKline, No. 05-1252 (C.D. Ill.).

Judge Michael M. Mihm of the U.S. District Court for the Central District of Illinois wholly adopted the precedental ruling in Colacicco v. Apotex Inc. and Smithkline Beecham ( F.3d , 2008 WL 927848 [2008]), in which the Third Circuit held that the Food and Drug Administration's decision-making authority overrides such claims.