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Home » Preemption Denied in Two Cases by Reversed Ruling
Preemption Denied in Two Cases by Reversed Ruling
May 7, 2009
An appellate court has remanded to a federal district court two product liability cases involving the antidepressants Paxil and Zoloft, in the wake of the Supreme Court’s decision against preemption in Wyeth v. Levine. In a unanimous decision, the U.S. Court of Appeals for the Third Circuit reversed itself and agreed with plaintiffs in two cases — Joseph C. Colacicco v. Apotex Inc., et al. and Beth Ann McNellis v. Pfizer, et al. — saying the drugmakers “have not met the heavy burden imposed by the decision in Wyeth on manufacturers seeking to preempt failure-to-warn claims,” according to court documents.
Washington Drug Letter
Washington Drug Letter
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