In her closing, Varner told the jury, "the final fact that matters is that no regulatory agency or medical organization has ever concluded or said that Paxil causes birth defects. Only plaintiffs' experts have said so and in this courtroom," she said.
In his final summation, Tracy said, "I want to put something to bed that Ms. Varner said immediately, and that's this: Ms. Varner said that no regulatory agency in the world has ever said Paxil is a teratogen."
"That is simply untrue," he told the jury. "This is what the FDA says right here, There is positive evidence of human fetal risk," reading from a letter from the FDA.
He also noted that Paxil's label, under "Teratogenic Effects" states: "Epidemiological studies have shown that infants exposed to first trimester exposure to paroxetine have an increased risk of congenital malformations, particularly heart defects."
(Evelyn Pringle is an investigative journalist focused on exposing corruption in government and corporate America)
(The Paxil Birth Defect Litigation Update Series is sponsored by the Houston law firm of Vickery, Waldner and Mallia at www.justiceseekers.com )
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