The parents of a Florida boy who suffers from the effects of a congenital birth defect known as Persistent Pulmonary Hypertension of the Newborn, or PPHN, a disease that the plaintiffs allege was caused by the mother’s ingestion of the drug Paxil, have filed a mass tort claim against the makers of the medication.
Philadelphia attorney Jamie L. Sheller, of the firm Sheller, P.C., filed the short-form complaint Sept. 9 at the Philadelphia Court of Common Pleas on behalf of Carolene and Kevin Williams, who are suing on behalf of their minor child, Kevion Williams.
The defendant named in the case is drug maker SmithKline Beecham Corporation, doing business as GlaxoSmithKline.
According to the complaint, Carolene Williams was prescribed the drug Paxil for depression. She took the medication while pregnant with her son.
After giving birth, the parents discovered that Kevion Williams, who turned 4 years old on the date that the lawsuit was filed, suffered from a heart murmur, arrhythmia, pre-ventricular contractions and other physical injuries.
Carolene Williams had been prescribed the drug by a medical professional.
The plaintiffs accuse the defendant of breach of express warranty, breach of implied warranty, fraud, intentional infliction of emotional distress, loss of consortium, negligence, negligence per se, negligent pharmacolvigilance, failure to warn, strict products liability, design defect, and a violation of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law.
The plaintiffs seek reimbursement for loss of income, as well as medical expenses and punitive damages.
The plaintiffs are seeking a jury trial.
The case number is 110900564.