Effexor: No Preemption in pending Litigation

 Judge John Fullam (Eastern District of Pennsylvania) denied Wyeth’s preemption-based summary judgment motion in a number of Effexor SSRI suicide cases pending in USDCT.

Baumgardner

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Quote:  "Wyeth has filed a motion for summary judgment arguing that the plaintiffs’ state-law tort claims must be dismissed as preempted by federal law.  the narrow issue for the Court is whether the defendant has presented “clear evidence that the FDA would not have approved a change to [the drug’s] label"



The Court held:  In sum, the defendant has not shown that the FDA would
not have approved a change to Effexor’s label.