Paxil Brain Damage Action Proceeds Against GSK in Del. Court

WILMINGTON, Del. — A Delaware judge has refused to dismiss a design defect claim in which a woman alleges her ingestion of Paxil while pregnant caused her child to be born with “irreversible brain damage,” ruling that the plaintiff adequately pled a feasible alternative design.

In a Dec. 29 opinion, Judge Danielle Brennan of the Delaware Superior Court further ruled that the design defect claim is not preempted by federal law pursuant to Bartlett v. Mensing because GlaxoSmithKline manufactures brand-name Paxil and, under Ohio and federal law, was responsible for any inadequacies in its label.

Paxil is an antidepressant and …