Philadelphia Jury Finds Against Drug Maker in Medical Malpractice Suit

December 14, 2009

Since introducing the antidepressant Paxil in 1993, British drug maker GlaxoSmithKline has paid nearly $1 billion to settle lawsuits, including $390 million for 450 suicides or suicide attempts connected to the drug and $200 million for Paxil addiction and birth defect cases. In October a Philadelphia jury awarded $2.5 million to Lyam Kilker's family. The 3-year-old boy was born with a heart defect caused when his mother took Paxil during her pregnancy. The Philadelphia personal injury verdict is expected to provoke additional Philadelphia medical malpractice birth defect suits against the beleaguered drug giant. Drug industry watchers have reported that mounting legal fees and award costs have forced GlaxoSmithKline to reduce its insurance coverage and shoulder greater liability for future legal suits in an attempt to contain costs.

Paxil is unusual in that it exhibits three significant medical problems -- suicide, birth defects and addiction. During its peak use in 2002, Paxil sales in the U.S. were $2.12 billion. Sales of Paxil have plummeted as personal injury cases have increased. U.S. sales of Paxil this year have been only $52 million through September. So far Paxil has settled 10 birth defect suits like the Philadelphia medical malpractice case. While GlaxoSmithKline has repeatedly denied or minimized its liability, the drug company has paid to settle numerous personal injury and medical malpractice law suits spurred by the adverse affects of Paxil. In 2005, the company agreed to add a suicide risk warning to Paxil medication boxes.

While Paxil may be unique in the breadth of its medical complications, it is only one of a growing number of new drugs that appear to pass initial testing protocols but over years of use are found to cause severe and often life-threatening medical problems. An experienced Philadelphia medical malpractice attorney has the expertise and knowledge to research Philadelphia personal injury claims that result from prescription and over-the-counter drug use and determine whether medical malpractice has occurred.