3rd Cir. Sends Paxil Birth Defect Cases to State Court, Finds GSK’s Removal Untimely

PHILADELPHIA — In a precedential opinion, a federal appeals court has remanded a group of Paxil birth defect cases to Pennsylvania state court, ruling that GlaxoSmithKline’s removal of the cases was untimely under federal law.

In an Oct. 9 opinion, the 3rd Circuit U.S. Court of Appeals explained that the drug maker’s removal did not comply with the 30-day time limit mandated by 28 U.S.C. § 1446(b).

On September 30, 2011, Sallee Miller and her son A.S. sued GSK in the Philadelphia County Court of Common Pleas, alleging that Miller’s ingestion of Paxil while pregnant caused A.S. to be born …