A.P., Minor, Iolnay Ferez, Glaxosmithkline, Paxil & Birth Defects: A recent case in the United States District Court, S.D. Florida, Miami Division recently ruled on a motion for summary judgment.
A.P., Minor, Iolnay Ferez, Glaxosmithkline, Paxil & Birth Defects case documents what many paxil prescription drug users may be experiencing today – potential birth defects in their child from the use of paxil during pregnancy. The court ruled in favor of the Defendant in the case.
To find out more on the case, see Case No. 13-23246-CIV-GOODMAN – August 12, 2014.
A brief summary of the facts include:
- On January 27, 2012, Ferez, individually and on behalf of her minor son, A.P., brought this product liability action against GSK in Pennsylvania state court.
- Plaintiffs alleged that Paxil, an anti-depressant manufactured by GSK, caused A.P. to be born with Tricuspid Atresia, Right Ventricular Hypertrophy, and a heart murmur.
- Ferez gave birth to A.P. in 1996. Doctors noted at birth that A.P. had a heart murmur, and diagnosed him with a heart defect the next day.
- A.P.’s heart defect was classified as a tricuspid atresia type II-B, a condition that has required two corrective procedures and regular cardiology visits throughout his life.
- Ferez testified that she suspected Paxil caused A.P.’s heart defect almost immediately because she had taken it throughout the first six weeks of her pregnancy with A.P.
- She had not taken anything during her first two pregnancies and both children were born without defects.
- Ferez asked A.P.’s cardiologist, Dr. Aldousany, and her gynecologist, Dr. Ruiz, whether Paxil may have caused A.P.’s heart condition. Both responded that they did not know.
- From 1996 to 2002, Ferez spoke with A.P.’s cardiologist three or four additional times about the possibility that Paxil might have caused A.P.’s heart defect.
- On December 20, 1997, Dr. Marcio Ferez, Ferez’s father, employer, and primary care physician, noted in Ferez’s medical records that A.P.’s heart defect was “apparently due to” Paxil.
- In September 2005, GSK mailed a letter to Dr. Ferez and other healthcare professionals advising them of a recent study that showed Paxil was associated with an increased risk of congenital malformations, most commonly cardiovascular.
- A second letter was sent in December 2005, advising of an additional study showing an increased risk for cardiovascular malformations in infants born to women who had first trimester Paxil exposure.
- Dr. Ferez confirmed receiving the second letter. Dr. Ferez also testified that if his daughter asked around that time whether Paxil caused A.P.’s condition, he would have told her about the letter.
Since September 2005, scientific evidence has revealed that SSRI antidepressants, such as Paxil, Zoloft (sertraline), Prozac (fluoxetine), and Lexapro (escitalopram), may cause birth defects in children whose mothers took these or other SSRI antidepressants during pregnancy. The same has been shown for SNRI (serotonin norepinephrine reuptake inhibitor) antidepressants like Effexor (venlafaxine).
Studies have linked the use of SSRI/SSRIs like Paxil and Zoloft during pregnancy with an increased risk of birth defects like heart congenital defects (cardiac birth defects in babies, risk birth injury defects) – heart valve defects, atrial (ASD) and ventricular septal defects (VSD) (holes in the walls of the chambers of the heart) – in newborns when Paxil or Zoloft is taken during the pregnancy (possibly the first first three months of pregnancy) and persistent pulmonary hypertension of the newborn (PPHN), a life-threatening respiratory condition that affects a baby’s ability to breathe after birth.
At the Gooch Law Firm, we pride ourselves on providing our clients reliable representation for even the most challenging cases. If you have a child that has a birth injury or birth defect (e.g., PPHN, heart or lung defect) that you believe may have been caused by a defective drug, e.g., paxil – and need help filing a paxil lawsuit, contact our office at 1.844.329.5955.
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