Preemption Denied in Two Cases by Reversed Ruling

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