Tuesday, March 18, 2008

Philly Judge: No Preemption in a Paxil Case

Collins adv. Glaxo, which you may find here.

A Philadelphia State Court Judge has denied a defense MSJ which would have served to dismiss the state law claims of a family whose husband and father committed suicide while taking Paxil, in Collins v. SmithKline Beecham, d/b/a GlaxoSmithKline.

A few highlights:

“Defendant's position is clearly not sustainable. Federal law in question unquestionably places the duty upon the manufacturer and does not preempt a State's ability to allow one of its citizens to inquire into whether the manufacturer breached that duty.” (Order at p. 9)

More later.