M.N. v. SMITHKLINE BEECHAM CORPORATION

No. 1:13-CV-01022-CBK.

M.N., A MINOR, BY ELAINE NIEMAN, GUARDIAN; AND ELAINE NIEMAN, INDIVIDUALLY; Plaintiffs, v. SMITHKLINE BEECHAM CORPORATION, Defendant.

United States District Court, D. South Dakota, Northern Division.

January 5, 2015.


Attorney(s) appearing for the Case

M.N., Plaintiff, represented by Adam D. Peavy , Bailey Peavy Bailey, PLLC, Justin Jenson , Bailey Peavy Bailey, PLLC & ROSEMARY PINTO , FELDMAN & PINTO PC.

M.N., a Minor, by Elaine Nieman, Guardian, Plaintiff, represented by Robert Cowan , Bailey Peavy Bailey, PLLC, T. SCOTT ALLEN , BAILEY PERRIN BAILEY, Terry G. Westergaard , Bangs, McCullen, Butler, Foye & Simmons & W. HARRIS JUNELL , BAILEY PERRIN BAILEY.

ELAINE NIEMAN, Individually, Plaintiff, represented by Adam D. Peavy , Bailey Peavy Bailey, PLLC, Justin Jenson , Bailey Peavy Bailey, PLLC, ROSEMARY PINTO , FELDMAN & PINTO PC, Robert Cowan , Bailey Peavy Bailey, PLLC, T. SCOTT ALLEN , BAILEY PERRIN BAILEY, Terry G. Westergaard , Bangs, McCullen, Butler, Foye & Simmons & W. HARRIS JUNELL , BAILEY PERRIN BAILEY.

Smithkline Beecham Corporation, Defendant, represented by JOSEPH E. O'NEIL , LAVIN O'NEIL RICCI CEDRONE & DISIPIO, Lauren R. McClurg , King & Spalding, LLP, Andrew T. Bayman , King & Spalding, LLP, CAROLYN L. MCCORMACK , LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO, Lon J. Kouri , May & Johnson, P.C. & Robert K. Woo, Jr. , King & Spalding, LLP.


ORDER

CHARLES B. KORNMANN, District Judge.

Plaintiff Elaine Nieman was prescribed Paxil by her family physician. Paxil was manufactured by defendant SmithKline Beecham Corporation. When Elaine became pregnant in approximately August 2001, she was referred to an obstetrician because her medical conditions made her pregnancy high risk.

Plaintiff M.N. was born prematurely by cesarean section on March 13, 2002. She was born with atrial septal and ventricular...

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