Del. Judge Retains Jurisdiction Over Non-Residents’ Paxil Birth Defect Actions

WILMINGTON, Del. — A Delaware judge has refused to dismiss four Paxil birth defect actions filed by out-of-state plaintiffs, ruling that GlaxoSmithKline LLC has failed to meet the high burden required to deprive plaintiffs of their chosen forum.

On Sept. 12, Judge Andrea L. Rocanelli of the Delaware Superior Court held that GSK failed to prove that it will suffer any undue hardship by litigating the cases in Delaware, noting that the drug maker is based in nearby Philadelphia.

Plaintiffs are four non-Delaware residents who were born with autism spectrum disorder and whose mothers took Paxil during their pregnancies. Plaintiffs …