Judge Says Effexor Suicide Claims Preempted by Federal Law

OKLAHOMA CITY - A federal judge has ruled that a plaintiff's state law claims for failure to warn of suicide risks associated with Wyeth's Effexor are preempted by federal law because the FDA had for years considered and rejected the exact warning she sought to have included on the drug's label. Dobbs v. Wyeth Pharmaceuticals, No. 04-1762 (W.D. Okla.).

The Jan. 17 order from Judge Timothy D. Degiusti of the U.S. District Court for the Western District of Oklahoma is the latest in a series of decisions weighing the impact of the FDA's position regarding preemption of failure-to-warn claims in …