U.S. Supreme Court Vacates Third Circuit Decision in Anti-Depressant Suicide Case

Business Wire, March 10, 2009

Civil Justice Attorney Sol Weiss Argued Case and Says Families Now Have Opportunity for Compensation

PHILADELPHIA -- In the wake of last week’s ruling in Wyeth v. Levine, the Supreme Court vacated the Third Circuit Court of Appeal’s opinion in Joseph Colacicco, et al. v. Apotex, Inc., which held that federal law preempted consumer lawsuits against several drug manufacturers, including the makers of Paxil and Zoloft.

“The Court rightly found that these anti-depression drug manufacturers aren’t immune from lawsuits,” said Anapol Schwartz civil justice attorney Sol Weiss, who argued the case in the Third Circuit and was on the brief filed by the Supreme Court. “Families whose loved ones committed suicide while taking these antidepressants will now have an opportunity to receive compensation under common law.”

Remanded to the Third Circuit, the case was filed by Joseph Colacicco following his wife’s suicide just 21 days after taking Paxil, and involves the drug makers’ failure to label their antidepressants, warning consumers about increased suicide risks.

Most recently representing more than 800 plaintiffs as co-liaison counsel in the N.J Vioxx litigation, and serving as co-chair of the American Association for Justice preemption committee which has lobbied against preemption, Weiss says, “It’s well known that antidepressants can increase suicide risks. The Supreme Court’s decision sends the message that drug companies must fully and fairly disclose the results of their clinical trial to warn consumers about the potential dangers and adverse effects of their medications.”

Advocating for consumer rights in preemption cases in both federal and state courts, Weiss has 36-years experience representing those harmed by unsafe drugs, whether securing a $68.5 million settlement for 168 individuals seriously injured by the statin drug Baycol, or serving as one of seven class counsel in a $3.75 billion settlement in a diet drug case.

For more information on Joseph Colacicco, et al. v. Apotex, Inc., and how preemption adversely impacts consumers, call Sol Weiss at 215-735-2098 or e-mail him at sweiss@anapolschwartz.com.

Founded in 1977, Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C., is a personal injury firm with more than 25 attorneys and law offices in Philadelphia, Media, Reading and Harrisburg, Pa., as well as Cherry Hill, N.J. and Wheeling, W.Va. The firm has a multi-faceted practice with a tradition of excellence in pharmaceutical mass tort, medical device matters, toxic tort, class actions, products liability, workplace injury, professional negligence cases, automobile, investor claims and wrongful termination litigation.