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The Fight Against Drug Manufacturers Requires Extensive Homework

Steve Wagner

The harmful side effect of antidepressant drugs such as Prozac and Paxil, specifically the risks they pose to unborn babies, has been a hot topic as of late. However, the bad publicity does not necessarily translate into a favorable court verdict, or compensation of damages for victims.

Last month, the Superior Court of Pennsylvania dismissed a lawsuit filed by a woman from Ohio against Paxil. The victim alleged that consumption of Paxil during pregnancy resulted in her child being born with a fatal congenital heart defect. The lawsuit was filed in 2007, as part of the Paxil pregnancy mass tort program of the Philadelphia Court of Common Pleas.

Lawyers from GlaxoSmithKline, who own Paxil, argued that there is no evidence of the victim having consumed Paxil, and that even assuming the victim did consume Paxil, the fact that the company had provided all necessary information to the doctors who prescribe the drug to patients, absolves the company from guilt. All courts, including the Pennsylvania Superior Court ruled in favor of GlaxoSmithKline, dismissing the victim’s suit.

Although this case was judged based on Ohio state laws, it throws up important pointers in the fight against pharmaceutical giants, regardless of the jurisdiction. It is important to have proper medical records to back up claims. Even if the victim does not have any evidence of having consumed the drug in question, a resourceful attorney can generate evidence by racking up medical bills, hospital records, and more. No medical records are 100% conclusive, and it depends on the skills of the injury attorney to convince a jury or judge to accept such evidence as proof. It is also important to incorporate doctors, nurses or anyone else connected with the incident, in the lawsuit, either as co-accused, or as witnesses.

Pharmaceutical giants employ lawyers who try to exploit any loophole to absolve their clients. It takes the services of skilled and experienced Indiana drug injury attorney to do diligent homework and cover all bases so the defendant has no room to escape.

Wagner Reese, with its team of talented and experienced Indiana birth defect attorneys, is the right choice to represent you in drug injury cases. You do not have to pay us anything until you receive your settlement, because we want you to trust that we are working as hard as we possibly can for your benefit. Call us at (888) 204-8440 or fill out this form to schedule your free consultation.


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