The United States Court of Appeals for the Third Circuit has ordered that a drug defect lawsuit against GlaxoSmithKline LLC over its Paxil antidepressant medication be sent back to a state court. The three-judge panel ruled that the second removal to federal court was not timely. They said that Pennsylvania’s Eastern District Court made a mistake when it denied the plaintiffs motion to remand.
The Paxil birth defect lawsuit was brought by Sallee Miller and her child. They claim that the boy was born with congenital defects because Miller took the SSRI antidepressant while she was expecting. Because of this, she contends, her son was born with a ventricular septal defect and coarctation of the aorta.
Their dangerous drug complaint contends that GSK should have known these risks were involved with its drug but failed to warn about the birth defects. Miller said that she did not know such serious side effects could happen to her child from taking the medication.
Their Paxil injury lawsuit is seeking damages for fraud, breaches of implied and express warranties, loss of consortium, intentional inflict of emotional trauma, failure to warn, negligence, design defect, and negligent misrepresentation.
Miller’s dangerous drug case, along with several other Paxil injury lawsuits, was removed by GSK to federal court, and then sent back to state court nearly three years ago. Following anotherThird Circuit ruling in June, the drug maker removed Miller’s products liability case to federal court.
In other Paxil news, GlaxoSmithKline was able to move a separate drug defect case, which was submitted in federal court, to the Southern District of Ohio. The plaintiff, Kathryn Kiker, says that the antidepressant is responsible for her son’s birth defects.
Paxil is a selective serotonin reuptake inhibitor (SSRI). It is used as an antidepressant. Unfortunately, there have been way too many children who were born with serious birth defects to mothers who were taking Paxil and other antidepressant meds while they were pregnant.
Some of the Serious SSRI birth defect injuries:
• Heart defects • Persistent Pulmonary Hypertension of the Newborn, which can impact the heart and lungs. This can cause organ damage, brain damage, and death • Anencephaly • Craniosynostosis, which can impact the skull and brain • Omphalocele, which can impact the organs • Cleft lip
• Cleft palate
Such serious injuries can lead to ongoing pain and suffering for your child and take a financial toll. You want to work with a Paxil injury law firm that knows how to help you recover the compensation that you and your son or daughter are owed. In Massachusetts, our Boston drug defect lawyers would like to offer you a free case consultation.
Paxil may also cause serious side effects in adults and children, including suicidal and homicidal tendencies.
GSK Moves Paxil Birth-Defects Case to Ohio, The Legal Intelligencer, October 6, 2014
3rd Circ. Sends Paxil Birth Defect Suit Back To Pa., Law 360, October 9, 2014
More Blog Posts:
Widow’s Drug Defect Lawsuit Claims Generic Paxil Prompted Her Husband’s Suicide, Massachusetts Drug Injury Lawyers Blog, June 9, 2014
CPSC Votes to Make Mandatory Standards for Window Covering Cords, Boston Injury Lawyer Blog, October 11, 2014
MA Electrical Company Cited By U.S. Department of Labor After Deaths of 2 Workers, Massachusetts Workers’ Compensation Lawyer Blog, September 28, 2014