First Paxil Lawsuit Results in Plaintiff's Favor
A Philadelphia jury awarded $2.5 million to a woman from Bensalem. The jury found that Paxil had caused heart problems in her 3-year-old son who required several surgeries after his birth to fix his heart. They ruled out additional punitive damages.
The case was the first of about 600 lawsuits to go to trial on claims that the GlaxoSmithKline’s Paxil antidepressant caused birth defects in children whose mothers took the drug during pregnancy.
According to an article in The Philadelphia Inquirer, legal experts saw the 10-2 jury decision as a big win for plaintiffs in the remaining cases, even though the jurors awarded only compensatory damages.
Jurors linked the plaintiff’s problems to Paxil and said GlaxoSmithKline was negligent in not properly warning the woman’s doctor of the drug’s risk. They did not find the company’s behavior “outrageous,” which would have been necessary to award punitive damages.
The standard for finding punitive damages requires evidence that a company knew about problems but ignored them or covered them up because the product was so profitable.
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