Attorney John Hale Analyzes Recent Decisions in Paxil Birth Defect Cases

November 14, 2014 | News

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.

Learn more at

The Hale Law Firm
100 Executive Court, Suite 3
Waxahachie, TX 75165
Call: 888.425.3911

View Larger Map

  • More Controversy Appears in Case Questioning Highway Guardrail Safety
    A mistrial has been declared in a federal lawsuit which alleges that some highway guardrails across the country pose a deadly risk to drivers. The lawsuit was filed by a whistleblower alleging that guardrails produced by Trinity Industries, a Texas-based guardrail manufacturer, are malfunctioning and killing drivers. The lawsuit further charges that the guardrail defect is the result of a product change that the company hid from the government and safety inspectors. The judge dismissed the case over what he found to be “inappropriate conduct” on both sides, according to a report from the Wall Street Journal. The judge suggested […]
  • Texas Named Among the 10 Most Dangerous States for Pedestrians
    A new report on fatalities from the National Highway Traffic Safety Administration (NHTSA) shows that Texas is one of the most dangerous states for pedestrians.   In 2012, the rate of pedestrian fatalities in Texas was 1.83 per 100,000 population — meaning that nearly two out of every 100,000 Texans were struck and killed by a motor vehicle in 2012. This figure makes Texas the 10th most dangerous state for pedestrians.  Experts agree that infrastructure is a key element in pedestrian safety, and the American Society of Civil Engineers claims that in 2012, nearly 40 percent of Texas roadways were […]
  • Care Needed: Texas Hospital Safety Fluctuates Dramatically by Institution
    Preventable medical complications acquired at the hospital have become all too familiar in American life. In Texas, the truth about complications is, well, even more complicated.  In Maine, a high-performing state, most hospitals – more than 70 percent – perform at the highest levels of safety. But in Texas, only 28 percent of hospitals perform that well, according to a national panel of hospital safety experts. A major new study from the Dallas Morning News confirms that in Texas, preventable complication rates vary widely from individual hospital to hospital. The Texas Patient Safety Check revealed Dallas Regional Medical Center to […]
  • Troubling News Emerges from 2013’s West Fertilizer Plant Explosion
    Although it has been over a year since the explosion at the West Fertilizer Company killed 15, new reports on the tragedy are still surfacing. In the first official public health report, county officials have indicated that injuries were more severe than previously known. The report also suggests that many injuries may have been missed in the initial chaos following the explosion. This new report, issued by the Waco-McLennan County Public Health District, finds that more than one in five of those injured by the explosion experienced traumatic brain injury (TBI) or concussion. The report also states “some injuries, particularly […]
  • Studies Show Plastic Gas Cans Pose Risk of Explosion
    They are as ubiquitous in American garages and gas stations as automobiles. Unfortunately, they may also be, in at least one respect, just as susceptible to unfortunate accidents. Scientists say that the common plastic gas can sold throughout the United States carries the potential for fiery explosion — and most Americans are probably unaware that the portable vessels could even pose such a hazard. In tests conducted by the U.S. Consumer Product Safety Commission (CPSC), scientists found that, under certain circumstances, gas vapor blends can ignite within portable cans and cause significant injury to those in the vicinity of the […]


Comments are closed.

Flickr Digg Yahoo! Technorati MySpace Delicious RSS