Judge Says Paxil Claims Conflict with Federal Law, Dismisses Case

TULSA, Okla. - A Paxil case has been dismissed on the merits after a federal judge found, among other things, that the plaintiff's claims were barred by conflict preemption. Miller v. SmithKline Beecham Corp., et al., No. 03-393 (N.D. Okla.).

Judge Gregory K. Frizzell of the U.S. District Court for the Northern District of Oklahoma awarded summary judgment Feb. 15 to Paxil manufacturer GlaxoSmithKline, which had previously argued that the plaintiffs' failure-to-warn and fraud-on-the-FDA allegations were preempted by federal law.

Judge Frizzell reached the decision after rejecting the defendant's contention that the plaintiff's claims failed to created a genuine issue …