The Third Circuit has affirmed the finding of extensive preemption in the Colacicco/McNellis suicidality litigation. Here’s a copy of the opinion. Judge Sloviter wrote the opinion. There is a dissent, by Judge Ambro. This is the first federal court of appeals decision to address preemption following the FDA’s 2006 Preemption Preamble.
The
The New York Times ticked us off again this morning.
Not as much as it did last month, but it annoyed us nonetheless.
The front page of the Week in Review section has a piece titled “Making Sense of the Great Suicide Debate.” Here’s a link.
The article quotes (and appropriately identifies as
Folks who are following the litigation involving the alleged link between SSRI antidepressants and suicide will want to read the recent post from Pharmalot.
The FDA has revised its MedGuide for the antidepressants, and a Republican Congressman from New Jersey is not pleased.
Two new defense wins – links provided. First, today the Eighth Circuit affirms (now reported at 514 F.3d 815) a no-causation verdict in HRT litigation on the basis that the plaintiff herself (not the learned intermediary, so it’s something of an odd situation) was warned but failed to read the warning. Thanks to Mike Scott,
This post is entirely Bexis’ work – for the best reason in the world. Co-blogger Herrmann is victorious counsel for the defendant in the case we’re describing.
Hot off the presses, is Dobbs v. Wyeth Pharmaceuticals, No. CIV-04-1762-D (W.D. Okla. Jan. 17 2008), copy here (now reported at 530 F. Supp.2d 1275). Briefly, the
Both of your humble scribes attended the American Conference Institute Drug and Medical Device Litigation Conference in New York last week. Here are a few stray thoughts that we picked up along the way:
1. Herrmann used his best material on this crowd. He explained that only one person in the world tells MDL jokes
Michael Imbroscio, of Covington & Burling, attended the oral argument today in the Colacicco/McNellis appeal in the Third Circuit in Philadelphia. He just sent us this report describing the argument. Your dynamic blogging duo had nothing to do with this report; it’s entirely Mike’s work, for which we thank him:
In a packed
Herrmann represents clients too deeply involved in the subject matter of this post for him to speak on these subjects. He thus had nothing to do with today’s post; what you’re getting here is pure, unadulterated Bexis.
Contrary to what you might think, we don’t just read case law and ALI drafts – and no,
One of your humble scribes (Herrmann) has just returned from a couple of weeks in Benton, Illinois, trying a case in which plaintiff alleged that her husband’s ingestion of a prescription antidepressant caused him to commit suicide.
Plaintiff’s counsel was Andy Vickery, of Houston, who has tried two of the three previous antidepressant suicide cases
The FDA has just released its proposed new warnings about suicidal thinking and behavior in patients who take modern antidepressant medications. For those who are interested, please click on our link to the FDA’s website in the right-hand column of this blog. On the FDA’s website, you will find further links to the proposed changes