More Than a Feeling Required in Psych Drug Case
Litigation attorney Eric Alexander published a blog for Drug & Device Law analyzing Stockwell v. Sumitomo Pharma America Inc., a decision dismissing most claims in a product liability suit involving an antipsychotic medication and alleged psychological injuries. The U.S. District Court for the Western District of Washington found the plaintiff's design defect claim preempted, his warning-based claims barred by both the learned intermediary doctrine and federal preemption, and determined that several other claims were too conclusory to survive dismissal. Mr. Alexander analyzes the court's decision while also highlighting the broader issue underlying the case: whether intangible, subjective psychological symptoms without accompanying physical injury can support a compensable product liability claim.