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Court Rules FAA’s Medication Denial ‘Arbitrary and Capricious’

Agency must explain its rationale for denying a pilot a special medical clearance.

FAA insignia on a laptop [Credit: Shutterstock]
FAA insignia on a laptop [Credit: Shutterstock]
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Key Takeaways:

  • A federal appeals court ruled the FAA's denial of special medical clearance to a pilot using the antidepressant mirtazapine was "arbitrary and capricious" due to the agency's failure to adequately explain its decision.
  • The court ordered the FAA to provide a reasoned explanation for why mirtazapine is categorically disallowed, rather than allowing for conditional approvals through its existing individual assessment process.
  • The ruling suggests the FAA did not sufficiently consider the pilot's individual case or how the agency's established safety protocols for other antidepressants might apply to mirtazapine.
  • This decision could open a path for pilot Michael Solondz, who has been denied certification four times, and potentially influence future FAA policies regarding mental health medication for pilots.
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The FAA’s decision to deny a special medical clearance for an airline pilot taking antidepressant medication was “arbitrary and capricious,” a federal appeals court has ruled.

In a decision handed down on June 27, the U.S. Court of Appeals for the District of Columbia Circuit said it could not reverse the FAA’s decision, but it did order the agency to explain its reasoning. The ruling could provide a path forward for pilot Michael Solondz, who has been denied an FAA special issuance four times over the past four years while taking the antidepressant drug mirtazapine, known by the brand name Remeron.

Zach Vasile

Zach Vasile is a writer and editor covering news in all aspects of aviation. He has reported for and contributed to the Manchester Journal Inquirer, the Hartford Business Journal, the Charlotte Observer, and the Washington Examiner, with his area of focus being the intersection of business and government policy.

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