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Judge Rules Mom In Class Action Against Paxil Does Not Have To Disclose Medical Records

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Three years ago, Faith Gibson of Surrey, B.C. filed a lawsuit against GlaxoSmithKline over antidepressant Paxil in British Columbia Supreme Court, alleging GSK failed to provide adequate information regarding the increased risks of birth defects for pregnant women for use Paxil.

Her daughter was born with a hole in her heart three months before the FDA issued a warning regarding the elevated risk of cardiovascular birth defects when Paxil is taken during pregnancy.

According to the lawsuit, Gibson alleges that GSK knew, or should have known as early as June 2003 about the significant risk of serious adverse cardiovascular risks to the fetus of a mother on Paxil. The lawsuit also says that GSK filed to publicize the problem, and failed to inform Gibson or her doctors about the dangers, and that the company failed to issue a timely recall of Paxil.

Gibson is seeking class action certification for “any person in Canada, born with cardiovascular defects, to women who ingested Paxil while pregnant, and the mothers of those persons.”

GSK applied to the court to see the medical and pharmaceutical records of Gibson and her daughter, however an attorney for the plaintiff argued that the records were not necessary at the class certifications stage.

Justice Nathan Smith dismissed GSK’s application to produce medical records saying, “In conclusion, I am not persuaded that this is one of the exceptional cases where pre-certification disclosure of medical records is necessary,”

The attorney for the plaintiff said that this ruling could be significant for women considering joining the only class action lawsuit in Canada brought forward by pregnant mothers against Paxil.

 

breakinglawsuitnews.com disclaimer: This article: Judge Rules Mom In Class Action Against Paxil Does Not Have To Disclose Medical Records was posted on Tuesday, September 6th, 2011 at 8:10 pm at breakinglawsuitnews.com and is filed under Defective Drug Lawsuits.

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