No Preemption in Lexapro Death Suit, But Drugmaker Wins Judgment on Warnings

Federal law didn’t preempt a widow’s claims that insufficient warnings on the antidepressant Lexapro caused her husband’s suicide, but she failed to raise a fact question showing warning inadequacy, the Northern District of West Virginia said Jan. 16 (Muzichuck v. Forest Labs., Inc., 2015 BL 11106, N.D. W.Va., 07-16, 1/16/15).

The U.S. District Court for the Northern District of West Virginia granted summary judgment to the drug’s makers—Forest Laboratories, Inc. and Forest Pharmaceuticals Inc. (collectively Forest)—on Tammy Muzichuck’s claims that Lexapro carried an insufficient warning about the risks of adult suicide.

Tammy Muzichuck alleged her husband, Bruce ...