3rd Cir. Sides with Manufacturers' Preemption Argument in SSRI Cases

PHILADELPHIA -- The Third Circuit U.S. Court of Appeals ruled April 8 that the FDA's decision-making authority preempts the failure-to-warn claims of two plaintiffs whose family members committed suicide after taking antidepressant drugs. Colacicco v. Apotex Inc., et al./McNellis v. Pfizer Inc., Nos. 06-3107/5148 (3rd Cir.).

In a precedential opinion, the 3rd Circuit held that the plaintiffs' state law claims should be dismissed because they were based on the drug makers' alleged failure to include specific warnings on its SSRI drugs that were repeatedly rejected by the FDA as lacking scientific merit.

The federal appeals court further noted …