Law & Psychiatry: SSRIs, Suicide, and Liability for Failure to Warn of Medication Risks

When can pharmaceutical companies be held liable for failure to disclose medication risks—such as the link between selective serotonin reuptake inhibitors and suicidality of young people? The companies have claimed that Food and Drug Administration approval of labeling information, required by federal law, should preempt liability in state courts. Thus injured patients would either be left without recourse or be compelled to sue the clinicians who prescribed the medication. A recent U.S. Supreme Court decision, however, rejected the preemption defense and opened the door to patients' suits that seek compensation. This column explores the application of this new approach and its implications for the mental health professions. (Psychiatric Services 62:347–349, 2011)