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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 repeated denial of a pilot's special medical clearance due to his antidepressant medication (mirtazapine/Remeron) was "arbitrary and capricious."
  • The court found the FAA failed to adequately explain why it categorically disallowed this specific medication for special issuance, instead of permitting individual assessments through its existing medical clearance process.
  • The ruling remands the case to the FAA, ordering the agency to provide a reasoned explanation for its policy, which could pave the way for pilot Michael Solondz and others using similar non-conditionally approved antidepressants.
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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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