UPDATE: We are pleased to announce that the BC Supreme Court has approved the settlement of the Paxil class action against GlaxoSmithKline. Please click here to download the Notice of Settlement Approval.
RK Litigation has filed a class action on behalf of Meah Bartram and her mother, Faith Gibson, for infants who suffered birth defects as a result of the drug Paxil. Paxil, also referred to as Paroxetine, is a drug used for the treatment of various conditions in adults, including Panic Disorder, Obsessive Compulsive Disorder, Social Phobia, Generalized Anxiety Disorder and Post-Traumatic Stress Disorder. Paxil has been associated with an increased risk of adverse cardiovascular complications for newborns when taken by women during pregnancy. This lawsuit alleges that the defendants, GlaxoSmithKline Inc. and GlaxoSmithKline UK Limited, failed to disclose this serious side effect to patients and their physicians.
On December 3, 2012, Justice Nathan Smith of the BC Supreme Court certified the Paxil class action. GlaxoSmithKline Inc. appealed this certification decision and a hearing was held on October 1, 2013. In a decision released on October 25, 2013, the BC Court of Appeal upheld Justice Smith’s decision to certify this class action. Read the Court of Appeal decision.
Who is included under the class action?
The Class is defined as:
“Any person in Canada, born with cardiovascular defects, to women who ingested Paxil while pregnant, and the mothers of those persons.”
The Class period is 1993 to December 3, 2012.
What do I have to do now?
Depending upon where you reside in Canada you may need to take action to participate in or remove yourself from this lawsuit. Your legal rights may be affected. Please be sure to read the complete Notice.
All residents of British Columbia who fit the description above are automatically Class Members. Persons living elsewhere in Canada can become Class Members by opting-in to join the settlement.
Class members have until September 26, 2016 to decide whether they want to be included in the class action (opt-in) or if they want to be removed from it (opt-out).
How do I OPT-IN? I want to participate and be included.
Residents of British Columbia – If you reside in British Columbia and want to participate in the class action you do not need to do anything. You are automatically included in the class action.
Persons Living Outside British Columbia – If you are not a resident of British Columbia but reside elsewhere in Canada and you want to be part of this class action you must notify Class Counsel, at the address below, in writing, received or postmarked no later than September 26, 2016 providing your name and address and indicating that you want to be part of this lawsuit:
671D Market Hill
How do I OPT-OUT? I do not want to participate and want to remove myself.
Residents of British Columbia – If you reside in British Columbia and you do not want to be a part of this lawsuit you must notify Class Counsel, at the address below, in writing, received or postmarked no later than April 4, 2016 providing your name and address and indicating that you do not want to be part of this lawsuit:
671D Market Hill
If you do not exclude (remove) yourself by that date you will be included in this lawsuit and you will be bound by the court’s judgment on the common issues, whether favourable or not.
Persons Living Outside British Columbia – If you are not a resident of British Columbia but reside elsewhere in Canada you do not need to do anything. You will only be included as part of this lawsuit if you opt-in to the lawsuit.
Contact us (604)879-4505 or email firstname.lastname@example.org.
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Rosenberg Kosakoski LLP
671D Market Hill
Vancouver, British Columbia