PA Court Affirms Dismissal of Paxil Wrongful Death Suit

A Pennsylvania Superior Court has affirmed a lower court’s ruling that GlaxoSmithKline is not responsible for the congenital heart defect that lead Joanne Thomas to abort her child in 2001.  Thomas did not learn until studying for her nursing boards in 2007 that Paxil has been associated with such defects.  The judge ruled, however, that Thomas could not produce “clear, precise, and convincing evidence” that GSK had concealed the peril.  “Because Thomas never alleged any affirmative misrepresentations directed specifically at her,” the court said, “We conclude the trial court properly determined that the fraudulent concealment doctrine did not apply, and that GSK was entitled to summary judgment as a matter of law.”

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