Mom Does Not Have To Disclose Medical Records in Paxil Lawsuit
The mother of a little girl born with a Paxil-related birth defect does not have to disclose her and her child’s medical records in order to take legal action against GlaxoSmithKline (GSK), the manufacturer of the antidepressant Paxil (paroxetine).
According to an article in the September 6 issue of the Vancouver Sun, Faith Gibson of Surrey, British Columbia does not have to submit medical records to a Vancouver judge in order to obtain class action certification. Gibson launched her lawsuit against GSK in B.C. Supreme Court three years ago, claiming that the drug company failed to provide adequate warning about the possibility of birth defects in children born to women who took Paxil while pregnant. Gibson’s daughter, Meah, was born six years ago with a hole in her heart that required surgery and a seven month stay in the hospital. It was shortly after Meah’s birth that the U.S. Food and Drug Administration issued its black box warning, disclosing the risk of cardiovascular defects in children if mothers take Paxil while pregnant.
What Does the Lawsuit Allege?
Gibson’s claim is that GSK allegedly knew, or ought to have known, as early as 2003 that taking Paxil during pregnancy significantly elevates the risk of giving birth to a child with severe cardiovascular birth defects. Additionally, she alleges that GSK failed to make that information public, therefore preventing Gibson and her physicians from having up-to-date information as to the danger she was exposing her unborn child to by taking Paxil while she was pregnant. The lawsuit will attempt to ascertain what GSK knew and when it had the information about the possibility of birth defects prior to Gibson’s daughter’s birth.
Class Action Certification Pending
B.C. Supreme Court is still deciding whether to award class action status to pending Paxil lawsuits. If it grants certification, Gibson will be appointed as the representative plaintiff and define the class as, “any person in Canada, born with cardiovascular defects, to women who ingested Paxil while pregnant, and the mothers of those persons.” The lawsuit claims GSK’s actions were “callous and arrogant” which could warrant aggravated damages for the future care of Gibson’s daughter, who has not yet fully recovered from her ailment.
Meanwhile, GSK has petitioned the court to obtain Gibson’s medical records, dating back two years prior to her pregnancy, claiming that company experts need the information in order to properly respond to the allegations. According to the plaintiffs’ representative, they have conceded that her medical records will require disclosure at some point, just not during the class action-certification stage. B.C. Supreme Court Justice Nathan Smith ruled in favor of the plaintiffs, dismissing GSK’s application to produce the medical records.
The judge’s ruling paves the way for other women to join the class action, the first one brought against GSK and Paxil in Canada.
Speak With Your Doctor
A pregnant woman should confer with her primary care physician as well as her gynecologist when it comes to deciding whether to continue taking antidepressants during pregnancy. Medical professionals are the only people qualified to give a woman the advice she needs to decide what’s best for herself and her unborn child.
Protect Your Rights as a Consumer
If you or your child has suffered an injury from your medication, the Rottenstein Law Group can help. Our Paxil lawyers have over 25 years of experience advocating for victims in consumer product injury cases, helping obtain compensation for pain and suffering and unforeseen medical costs. If you think you have a Paxil birth defect lawsuit please fill out our simple contact form and one of our lawyers will be in touch.