O'NEAL

MEMORANDUM AND ORDER

This matter is before the court on defendant SmithKline Beecham Corporation, d/b/a GlaxoSmithKline’s (“GSK”) motion for summary judgment on the ground plaintiffs Terri O’Neal and Barry Bratt’s (“plaintiffs”) state tort claims are preempted by federal law, ie., the Federal Food, Drug, and Cosmetic Act (“FDCA”), 21 U.S.C. § 301 et seq., and its implementing regulations, because they require warnings that directly conflict with federal law governing the labeling and warnings for Pax-il® (“Paxil”). Plaintiffs bring this action for the wrongful death of their son, Benjamin Bratt (“Benjamin”), who attempted suicide, on February 14,1997, at the age of 13, while being treated with Paxil, an antidepressant medication manufactured and sold by GSK. Benjamin died on February 15, 1997 from injuries sustained from his suicide attempt.

The gravamen of plaintiffs’ claims is that GSK should have provided, at the time of Benjamin’s death, a warning that Paxil is associated with suicidality in pediatric patients. GSK contends, however, that plaintiffs’ state tort claims directly conflict with the FDA’s-mandated labeling for Pax-il in February 1997, and implementation of the…