The Delaware Superior Court has rejected GlaxoSmithKline’s initial attempt to dismiss four personal injury suits involving its antidepressant drug Paxil, finding that litigating the case in Delaware would not cause “overwhelming hardship” for the Philadelphia-based pharmaceutical company.
The plaintiffs, whose mothers were prescribed the drug while pregnant, filed identical suits back in May, claiming that Paxil, a selective serotonin reuptake inhibitor, had caused them to develop autism spectrum disorder. Delaware, they argued, was the proper forum because GSK, a limited liability company, is formed under the laws of the First State.
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