WITCZAK v. PFIZER, INC.

No. 04CV2819JMRFLN.

377 F.Supp.2d 726 (2005)

Kimberly Kay WITCZAK v. PFIZER, INC.

United States District Court, D. Minnesota.

July 20, 2005.


Attorney(s) appearing for the Case

George W. Murgatroyd, III, Baum Hedlund, Los Angeles, CA, James Gallagher Ryan, Ryan Law Office, Minneapolis, MN, Jessica R. Dart, Karen Barth Menzies, Baum Hedlund, Los Angeles, CA, for Plaintiff.

James E. Hooper, Jr., Joseph Michael Price, Peter John Goss, Faegre & Benson, Minneapolis, MN, for Defendant.


ORDER

ROSENBAUM, Chief Judge.

Defendant, a prescription drug manufacturer, seeks summary judgment claiming federal preemption bars plaintiff's state law failure-to-warn claim. Defendant's motion is denied.

I. Background

On August 6, 2003, Timothy Michael Witczak committed suicide. His suicide occurred shortly after he began taking Zoloft, a drug manufactured by defendant. Plaintiff is Mr. Witczak's surviving spouse, and claims his...

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