Widow in Paxil Suicide Case Asks Court to Reexamine Preemption Argument, Citing Albrecht
July 1, 2019
CHICAGO — The widow of a man who committed suicide after taking Paxil argues that her claims are not preempted in light of a recent ruling in which the U.S. Supreme Court clarified the “clear evidence” standard in the context of whether the FDA would approve changes to a drug’s warning label.
In seeking relief from a 7th Circuit U.S. Court of Appeals ruling, the plaintiff pointed to Merck Sharp & Dohme Inc. v. Albrecht, which states that a drug manufacturer must “show that it fully informed the FDA of the justifications for the warning required by state law and …
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