Posted On: August 13, 2010 by Carey, Danis & Lowe, L.L.C.

Paxil - Louisiana Suit

The controversial SSRI antidepressant Paxil is once again under scrutiny, this time in a lawsuit filed by Louisiana residents Andrea and Brad Frischhertz. The Frischhertz both have filed individual lawsuits and one on behalf of their child. The lawsuits were filed on the 1st of July against GlaxoSmithKline (GSK), and on the 29th GSK asked and was granted a removal of the case to federal court instead of local courts.

Andrea Frischhertz claims in her suit that she was prescribed Paxil as a means of treating her depression during her pregnancy between 2004 and 2005. She further states adamantly that she questioned her doctor at length about the possible risks of an SSRI on her pregnancy, and that her doctor assured her Paxil was entirely safe.

Following the pregnancy, the Frischhertz baby was unfortunately born with birth defects that cannot be corrected, including the most significant — an underdeveloped cardiac septum. This weakness in the wall separating the chambers of the heart is a serious condition that easily could lead to physical disabilities and possibly death for the child.

Andrea claims she didn't immediately link the birth defects to the SSRI she was prescribed. She states that she only realized the potential link later, when she saw a 2009 commercial that explained the potential risks of Paxil to pregnant mothers.

The Frischhertzes are accusing GlaxoSmithKline of producing a product with defects in its design and construction, negligence and breach of warranty, as well as assorted failures to properly warn patients of the potential effects of the medicine. The compensation they are requesting includes the usual slate of damages in medical cases — they want recompense for the personal injury to their child, the medical expenses required to date and loss of income. Furthermore, they want acknowledgment of their mental anguish and distress and coverage for the court costs and fees required to bring the case to suit.

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