Paxil Preemption Ruling Reversed In Indiana

By Denise Oliveira

Law360, New York (July 21, 2008, 12:00 AM ET) -- A federal judge has vacated his prior ruling that a plaintiff's wrongful death claims against SmithKline Beecham Corp., the manufacturer of antidepressant Paxil, were preempted by federal regulations and will allow the case to proceed on its merits.

On Friday, Chief Judge David F. Hamilton of the U.S. District Court for the Southern District of Indiana said that Debra L. Tucker could pursue her allegation that the company failed to adequately warn consumers of an association between the drug and violent and suicidal behavior.

Tucker sued...
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