A Canadian appeals court has rejected GlaxoSmithKline Inc.’s efforts to significantly limit class certification on failure-to-warn issues in a suit claiming the antidepressant Paxil causes birth defects. The court approved a 19-year class period rather than the three-year period the company sought. The Court of Appeal for British Columbia rejected GSK’s appeal of a lower court order that certified a class of consumers who were prescribed Paxil between the date it was first sold in 1993 and the December 2012 class certification. The company had sought on appeal to limit certification on the issue of duty to warn to those who used Paxil between 2003 and 2005, a move the court said “would be contrary to the object of judicial economy and unduly limit access to justice.”
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