Maryland Injury Lawyers Blog

Did you know that the use of the antidepressant Paxil during the first trimester of pregnancy has been associated with birth injuries including heart malformations in infants?

The anti-depressant Paxil was first put on the market in 1992 and the public was basically told that the anti depressant did not have any known links to birth defects. About 13 years later Glaxo Smith Kline--the manufacturer of Paxil--notified doctors that in fact there was a potential link between the use of Paxil during pregnancy and certain birth defects--heart defects in particular. Glaxo's study showed an increased chance of congenital malformations associated with first trimester Paxil use. In September 2005 the FDA issued a stronger statement that Paxil may be associated with birth defects and the FDA again strengthened its warning in December 2005 with a Public Health Advisory. On December 8, 2005 the FDA advised the public that exposure to paroxetine (active ingredient in Paxil) in the first 3 months of pregnancy could inrease the risk for congenital malformations, birth defects and particularly heart malformations and cardiac malformations. Parents of children with heart irregulaities and malformations appreciated this new information and warning because this new information finally provided a possible explanation for their children's condition.

The first Paxil birth defect trial was the case of Lyam Kilker whose mom used Paxil during her pregnancy. He was born in October 2005 with an atrial septal defect, a ventricular septal defect, and an interrupted aortic arch just 1 month after the FDA cautioned consumers about the risk of using pregnancy and that Paxil can cause birth defects. The case resulted in a plaintiff's verdict of $2.9 Million dollars in October 2009. In my opinion Glaxo Smith Kline got off easy on this case since the jury somehow found that no punitive damages should be awarded. Although not the biggest verdict---this verdict sent a clear message to the drug company that juries around the USA could find against them in these cases.

Some sources have indicated that the average settlement value of a Paxil Birth Injury case is $1.2 Million dollars, and have also indicated that about 800 cases have settled to date for a total of over $1 Billion Dollars paid out for birth injuries caused by Paxil. More recently though, it seems Glaxo Smith Kline's strategy may be shifting away from settling these cases and instead taking them to trial (perhaps because there was a November 2010 trial that resulted in a defense verdict---actually summary judgment for the defendant).

There is other litigation surrounding Paxil. For example, there are lawsuits alleging that the withdrawal symptoms were not properly disclosed, there are lawsuits alleging that Paxil causes an increased risk of suicide and there is also antitrust and fraud litigation regarding Paxil.

If you or someone you care about has a child with a birth injury, you should speak to an attorney about whether a prescription drug taken by the mother during pregnancy such as Paxil or other antidepressants--could have caused the birth injury. The medical malpractice lawyers at Goldberg, Finnegan & Mester are available for a free telephone consultation about Paxil Birth Injuries and Paxil heart defect cases. Our phone number is 888-213-8140.

Hip Replacement Surgery is a major surgery involving significant risk and also significant pain and suffering during the rehabilitation process. I was actually surprised to see how low the median verdicts/settlements of these casees were in Maryland, DC and Virginia according to the most recent issue Metro Verdicts Monthly. In Maryland the median verdict for a hip replacement injury is reported to be $385,000.00. In Washington, D.C. the median verdict for a hip replacement injury is reported to be $175,000.00 and in Northern Virginia the median verdict for a hip replacement injury is reported as $275,000.00. Of course every case is different and a lot would depend on the extent of pain and suffering and complications that an individual hip replacement plaintiff has. Also, in certain hip relacement cases such as those relating to the Depuy Hip (ASR Model)--a defective prosthetic hip joint put on the market by Depuy Orthopedics--there will likely be punitive damages awarded against Depuy since it is a product liability case and just a negligence case. The bottom line is that hip replacement surgery is a major surgery and it involves a LOT of pain, sufferinng and a significant rehabilitation period. Also, hip replacements dont usually last forever and a lot of people will need revision surgeries. Those with the defective Depuy hip are apparently needing revision surgery within a very short period of time after their initial surgery. Bottom Line--if you have suffered a hip injury and need hip replacement surgery or a revision---or if you have a Depuy Hip that you believe may be defective---call us at 888-213-8140. We understand these injuries and know how to present damages relating to hip injuries to a jury in a manner that takes future medical care (revision surgeries) into consideration and will fight hard to make sure that you are properly compensated.

Congratulations to our friend Tim Malone for his $11.5 Million Dollar Verdict on behalf of the wife and son of a man shot to death by P.G. County Police Officer Steven Jackson. This incident occurred in 2008 at a Langley Park Apartment Building and the police officer was moonlighting as a security guard. The wrongful death lawsuit case was tried to verdict at Prince George's County Circuit Court in Upper Marlboro, Maryland. Police shooting cases in Maryland are complicated because they often involve federal civil rights laws, state civil rights laws and common law tort claims. For State Law tort Claims the police officers may have limited immunities under the State Government Tort Claims Act and/or the Local Government Tort Claims Act and there may be notice requirements that must be complied with within 6 months of the incident.

Many times, people injured in a car accident in Maryland need immediate money in order to pay bills, feed their family and/or to keep their car from being repossessed or their home from being foreclosed upon. Although ethical rules prohibit Maryland lawyers from making loans or advances to their clients, there are companies out there that will, in selective cases, advance a small amount of money to a client in exchange for a security interest in the client's case. Unfortunately, most of these companies charge an exhorbitant rate of interest and sometimes additional fees that make such advances a very bad deal for the already financially devastated client. As a lawyer, I always discourage my clients from taking these loans/advanes and tell them that they are much better off borrowing money from friends, family or perhaps their church. But sometimes, the client has no option and obtaining the advance is an absolute necessity. It is important to choose which litigation funding company you are going to work with carefully as the fees and rates of interest vary.

The Maryalnd Department of Financial Regulation has recently ruled that one company making these advances-- American Legal Funding, LLC--is doing so unlawfully and has taken advantage of Maryland accident victims. The Department issued a cease and desist order against them. The Order requires that American Legal Funding CEASE AND DESIST from collecting or attempting to collect on any such advances or loans made to Maryland consumers. The interest and fees charged by American Legal Funding was found to be in violation of Maryland law and the Maryland Declaration of Rights.

If you have received a loan or advance on your car accident or personal injury case in Maryland, and if you think that you were treated unfairly or charged excessive fees or excessive rate of interest please feel free to call Goldberg, Finnegan & Mester, LLC to discuss the situation and what your options are. We can be reached at 888-213-8140. More importanly, if you or someone you know received a litigation advance from American Legal Funding, LLC call us to discuss the situation.