Plaintiffs Waived Right to Appeal Causation Ruling, Pa. Appeals Court Rules

PHILADELPHIA — Plaintiffs in a Paxil birth defect case waived the right to appeal a trial court’s grant of summary judgment to GlaxoSmithKline LLC (NSE: GLAXO) based on a lack of proximate causation because they failed to list the issue on their concise statement, the Pennsylvania Superior Court has ruled.

In a March 4 opinion, the court explained that although the lower court improperly based its summary judgment ruling on the proximate causation evidence, issues omitted from a concise statement are waived on appeal.

Ohio residents Dean and Mary Pettit allege that their daughter, Danielle, suffered and eventually died …