Nothing new here but this astounding story is in the news once again.
The revelation first aired some years ago in a Paxil birth defect trial (Kilker Vs GSK).
During the trial, the jury saw an exhibit showing minutes from a teleconference for a Paxil project team meeting. Page eight of the minutes stated: “It has already been discovered that raw data from four of the original Ferrosan sponsored toxicology studies conducted at Huntingdon Life Sciences were destroyed by HLS in 1993.”
Now, it appears, Glaxo don’t want this information rehashed in a current Paxil birth defect trial from the state of Ohio where it is alleged that Kathryn Kiker, after taking the Paxil while pregnant, gave birth to her child, who was born with a ventricular septal defect, a serious heart problem.
Glaxo, as in many cases where they wish to keep the jury misinformed, have claimed that evidence that lab notebooks from 1979 animal studies were destroyed in 1993 should not be heard by the jury, they cite that the claim “grossly distorts the regulatory practices in place at the time” and is “a manufactured controversy” likely to make jurors assume malfeasance.
Glaxo have filed many motions in this current Paxil birth defects case. They don’t wish for the jury to see the 2012 plea agreement, in which Glaxo were find a record-breaking $3billion.
I’m surprised that GlaxoSmithKline continue down this road. They have done the same in the current adult Paxil suicide case of Stewart Dolin, ie; they don’t want jury members to know anything about their abhorrent history of witholding evidence that shows that Paxil increases the risk of suicidal thinking and completion in both adults and children who take it.
What I find mind-boggling here is that GSK carried out a series of animal studies in animals, those studies, if supportive of their claim that Paxil is safe during pregnancy, would, for them at least, be worth their weight in gold. However, the studies did not show this so what did Glaxo do, well, it appears that they gave the go-ahead for the studies to be destroyed and kept away from public scrutiny. When being faced with a layperson jury hearing this information they claim that, um, it’s irrelevant.
I’d just love to know what planet GSK and its defence attorneys are on, wouldn’t you?
In any event, the judge heard their motions and denied them, leaving the door open for the jury to deliberate and discuss why Glaxo would not want animal studies in Paxil to be seen, furthermore why they stood by and allowed them to be destroyed.
The case is set to go to trial later next month.
Kiker is represented by Benjamin Anderson of Anderson Law Offices LLC and Bryan Aylstock, James Barger, Bobby Bradford, Roger Cameron and R. Jason Richards of Aylstock Witkin Kreis & Overholtz.
GSK is represented by Andrew Bayman, Halli Cohn and Meredith Redwine of King & Spalding LLP and William Darrell Kloss Jr., Adam Rusnak and Jessica Goldman of Vorys Sater Seymour & Pease LLP.