Paxil Birth Defect Suit Remanded to State Court

PIKEVILLE, Ky. - A Kentucky federal judge remanded a Paxil birth defect suit to state court, ruling that the prescribing physician, a Kentucky resident, was not fraudulently joined and therefore there is no basis for diversity jurisdiction. Smith v. SmithKlineBeecham Corp., et al., No. 10-73-ART (E.D. Ky.).

Judge Amul R. Thapar of the U.S. District Court for the Eastern District of Kentucky ruled Aug. 30 that the plaintiff has a colorable claim of negligence against the doctor.

Whitney Smith, a Kentucky citizen, sued GSK and her doctor, Tom McGuire, M.D., in Kentucky state court, alleging that Paxil caused her son's …