Some positive news about preemption
Defendant SmithKline Beecham Corp. (“GSK”) manufactures and sells pharmaceuticals, including Paxil, an antidepressant. Plaintiff Debra Tucker brought this South Dakota wrongful death suit under Indiana state law against GSK, claiming that her older brother, Father Rick Tucker, committed suicide as a result of taking Paxil. She contends that GSK breached its duty to warn of an increased suicide risk in adults taking Paxil. Finding that the federal Food and Drug Administration (“FDA”) required GSK to include language in its drug label that conflicted directly with the warning that Tucker argues was required under Indiana law, this court dismissed Tucker’s state law claims as preempted by federal law. See Tucker v.SmithKline Beecham Corp., 2007 WL 2726259 (S. D. Ind. Sept. 19, 2007).