Easter District of PA denies preemption argument

Yesterday, Judge John Fullam (Eastern District of Pennsylvania) denied Wyeth’s preemption-based summary judgment motion in a number of Effexor SSRI suicide cases. The court concluded that the plaintiffs’ failure to warn claims were not preempted because Wyeth had not presented “clear evidence” supporting its defense. The case is called Baumgardner v. Wyeth Pharm and the opinion of the court is available here. For a comment on the decision from the defendant's perspective go here.