Paxil Case Results in $2.5 Million Judgment for Plaintiff
A recent Paxil lawsuit that took place in Philadelphia gripped the attention of consumers and citizens throughout the United States. According to a philly.com article, this is the first Paxil lawsuit in the plaintiff’s favor; however, it remains uncertain as to how the jury’s distinction of negligence will affect future Paxil cases, especially considering that punitive damages were not awarded.
Based on the article, punitive damages are typically awarded when evidence supports that a company knew about problems with their product, ignored them, or covered them up in order to reap the benefits. Apparently, the jury said that Glaxo had been negligent in not accurately cautioning the pregnant woman’s doctor of the drug’s risk. If Glaxo’s behavior had been deemed outrageous, the family may have been awarded punitive damages as well.
As the first of approximately 600 similar cases against the makers of Paxil, GlaxoSmithKline P.L.C., the jury found that the company was “negligent, but not outrageous” in contributing to heart problems in a 3-year-old whose mother took the anti-depressant drug while she was pregnant. As a result, the family was awarded a $2.5 million judgment that only included compensatory damages. This is considered an encouraging and big win by legal experts for the remaining plaintiffs in Paxil cases. According to the article, the 10-2 jury ruling reflects the decision that the child’s problems were linked to Paxil.
In this particular case, the plaintiff’s lawyer said that this jury verdict should be considered a strong win, particularly since birth defects are fairly common whether or not a pregnant woman takes a drug, making it even more difficult to prove to a jury that a product played a contributing role towards the onset of a birth defect. Paxil was approved for use in the United States in 1992 and amounted to nearly $942 million in sales last year, which is only 2.1 % of Glaxo’s total revenue.
If you or a loved one has taken Paxil while pregnant and the child suffered a birth injury, a product liability claim may be pursued to help hold negligent manufacturers responsible. At Page Cagle, our skilled Missouri injury lawyers can help get you the compensation you deserve. Call Page Cagle today for a free and comprehensive evaluation of your Paxil injury claim by calling 866-620-5757.
Source report: http://www.philly.com/philly/business/20091018_First_Paxil_lawsuit_in_plaintiff_s_favor.html
