Paxil Brain Damage Action Survives Dismissal Motion in Del. Court

WILMINGTON, Del. — A Delaware judge has refused to dismiss a lawsuit in which a woman alleges her ingestion of Paxil while pregnant caused her child to be born with “irreversible brain damage,” finding she adequately pled an injury and that scientific studies point to a link between the injury and the drug.

In a Dec. 29 opinion, Judge Danielle Brennan of the Delaware Superior Court also allowed the individual claims for strict products liability, negligence and breach of warranty to proceed against GlaxoSmithKline.

Paxil is an antidepressant and anti-anxiety drug that belongs to a group of drugs called selective …