Waxahachie, TX (Law Firm Newswire) November 14, 2014 - Recently, U.S. courts have issued a series of decisions regarding venues in several of the ongoing lawsuits addressing birth defects caused by Paxil, an antidepressant drug made by GlaxoSmithKline (GSK).
GSK recently lost its bid to have a group of cases heard in federal court rather than in Pennsylvania state court. In a different lawsuit, GSK won its appeal to have a case heard in Ohio rather than in Pennsylvania. In that case, the plaintiff’s attorneys now claim that GSK will unfairly benefit, as ex-employees of GSK will be less likely to travel in order to provide testimony against the drugmaker. GSK is headquartered in Delaware.
“Clearly, GSK has no interest in resolving these claims with any expediency,” remarked John Hale, a defective medical device attorney with The Hale Law Firm, familiar with Paxil birth defect litigation. “The drugmaker is causing delays and shopping for favorable venues. The result is that affected families continue to suffer years of waiting without just compensation for the harm that the drug has reportedly caused.” Hale is not involved with either case.
According to the FDA, studies show that the use of Paxil by pregnant women can cause birth defects. In a 2005 announcement, the FDA claimed that fetal heart abnormalities, ranging from slight to severe, were up to two times more likely to occur in pregnant women if they were taking Paxil.
In 2005, the FDA also asked medical professionals to advise patients of the potential for birth defects prior to prescribing Paxil. In addition, the FDA still warns physicians not to prescribe Paxil to women in early pregnancy or to those who may become pregnant.
Currently, the makers of Paxil provide information about the potential for birth defects in their product information. Hundreds of cases involving women who were not properly advised are now pending in courts across the county.
The Pennsylvania case was decided in the United States Court of Appeals for the Third Circuit and is A.S. v. SmithKline Beecham, case number 14-1608. The Ohio case was decided in the United States District Court of the Eastern District of Pennsylvania, and is Kiker v. GSK, case number 14-1568.
The Hale Law Firm
100 Executive Court, Suite 3
Waxahachie, TX 75165
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