PA Court Affirms Dismissal of Paxil Wrongful Death Suit

Kermit Cole
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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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Kermit Cole
Kermit Cole, MFT, founding editor of Mad in America, works in Santa Fe, New Mexico as a couples and family therapist. Inspired by Open Dialogue, he works as part of a team and consults with couples and families that have members identified as patients. His work in residential treatment — largely with severely traumatized and/or "psychotic" clients — led to an appreciation of the power and beauty of systemic philosophy and practice, as the alternative to the prevailing focus on individual pathology. A former film-maker, he has undergraduate and master's degrees in psychology from Harvard University, as well as an MFT degree from the Council for Relationships in Philadelphia. He is a doctoral candidate with the Taos Institute and the Free University of Brussels. You can reach him at [email protected]

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