Motus

ORDER GRANTING SUMMARY JUDGMENT TO DEFENDANT

I.

INTRODUCTION

Six days after Dr. Gerald Trostler prescribed Zoloft to Victor Motus, Mr. Motus took his life. His widow, Flora Motus, sued Zoloft’s manufacturer, Pfizer Inc., for failing to adequately warn that Zoloft can cause those who ingest it to commit suicide. She alleges five claims: (1) “wrongful death/negligence”; (2) strict liability; (3) “survival action”; (4) fraud; and (5) breach of warranty. Each of Ms. Motus’s claims is premised on the allegation that Pfizer’s “package insert and marketing materials do not warn ... that [Zoloft] can cause some people to think and act in violent or suicidal ways.” First Amended Complaint (“FAC”) ¶ 20. She alleges that Pfizer’s failure to warn of this risk caused her husband to commit suicide. FAC ¶ 28(d) (wrongful death/negligence claim); ¶ 38 (strict liability); ¶ 50-52 (fraud); ¶ 59 (breach of warranty).

Pfizer now moves for summary judgment on the ground that Ms. Motus cannot prove that its alleged failure to warn or inadequate warning caused her injury. Pfizer argues that Ms. Motus has no evidence that Dr. Trostler would have acted differently had adequate warnings been provided.…