Judge Rejects Generic Paxil Maker's Preemption Argument

LAFAYETTE, La. - The manufacturer of a generic version of the drug Paxil has failed in its attempt to have a product liability claim thrown out on the ground that it is preempted by a federal law allowing generic drugs to enter the market without undergoing rigorous pre-market testing. Delahoussaye v. Concepcion, et al., No. 07-01325 (W.D. La.).

In a Nov. 16 decision, U.S. District Court Judge Richard T. Haik Sr. denied a motion to dismiss the lawsuit, commenting only that preemption is "foreclosed" in this case because manufacturer Apotex Corp. could have added warnings about suicide-related risks associated with …