Canadian Court Won't Shrink Paxil Birth Defect Class

Law360, New York (October 28, 2013, 4:58 PM EDT) -- A Canadian appeals court on Friday rejected GlaxoSmithKline Inc.'s efforts to significantly limit class certification on failure-to-warn issues in a suit claiming the antidepressant Paxil causes birth defects, siding with a 19-year class period over the three-year stretch the company sought.

The Court of Appeal for British Columbia tossed GSK's appeal of a lower court order that certified a class of consumers who were prescribed Paxil between the date it was first sold in 1993 and the December 2012 class certification. The company had sought on appeal to limit certification on the issue of duty to warn to those who used...

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