A Paxil birth defects lawsuit was brought under review in a Missouri federal court, and has since been returned to and secured in a Missouri state court. Paxil manufacturer, GlaxoSmithKline, attempted to remove the case.
The plaintiff in the case is being represented by Carey Danis & Lowe attorneys Andrew Cross and Sarah Shoemake Doles. As the plaintiff is a resident of Delaware, like the defendant, GlaxoSmithKline sought to remove this particular case on grounds of non-diversity, meaning that both parties are residents of the same state.
Furthermore, GlaxoSmithKline submitted documents showing that the plaintiff did not fill her Paxil prescription during her pregnancy. However, in response, the plaintiff submitted documents demonstrating that, in fact, she had filled her Paxil prescription during her pregnancy.
GlaxoSmithKline then went on to assert that this particular case was filed outside of the period permitted by the statute of limitations. However, in making this assertion, the pharmaceutical company was similarly outside of the designated period during which they are allowed by the court to amend their original removal request.
Paxil Birth Defects Lawsuit
The case involves a plaintiff who consumed Paxil during her pregnancy, and later, filed a lawsuit targeted at GlaxoSmithKline for failing to properly warn patients and health care providers of the risks associated with Paxil use during pregnancy. The plaintiff also filed her lawsuit claiming that her child developed birth defects through exposure to Paxil in the womb.
Judge’s Ruling
U.S. District Judge Stephen N. Limbaugh ruled that this particular case be sent back to state court, from which it was originally removed by GlaxoSmithKline. Judge Limbaugh also denied requests submitted by GlaxoSmithKline to amend their original removal request, to provide further evidence for their statute of limitations argument, and to remove the case based on diversity.
Therefore, this particular case was remanded to the St. Louis County Circuit Court, and is secure.
Carey Danis & Lowe Represents Victims of Paxil
The defective drug lawyers at Carey Danis & Lowe represent victims of Paxil in Paxil birth defects lawsuits.
If you consumed Paxil during your pregnancy, and your child was born with birth defects, we encourage you to begin exploring your legal options and compensation eligibility today with one of our defective drug lawyers during a free initial case evaluation.
Carey Danis & Lowe is here to listen to your Paxil birth defects story. Contact our law firm by phone at 800.721.2519, or by submitting a confidential personal injury claim form.
