The "reason that they want to talk about it so much is because they know this, they're never going to look for this," he told the jury.
"The only ones that would have the money, time and effort to undertake a study of 1.5 million women would be them," Tracey said. "And they know it's never going to get done."
"So they're in a can't lose position if you buy their argument," he told the jury.
"They admit, though," he pointed out, "that they have two cases now in their own database of interrupted aortic arch."
During closing arguments, Tracey recounted how he had put up Glaxo's own meta-analysis from the company's website, with 9 different studies, and "each and every one of them says Paxil increases the risk of heart defects," he pointed out.
"And this is a document that I know pains them," Tracey said. "Because ... the author of their own meta-analysis, Charlie Poole, the author that they hired ..., when he looked at the data privately, privately, outside of courtrooms, he said: This begs the key question. Do we think the best explanation at present is that first trimester paroxetine use increases the birth prevalence of cardiac malformations? I do."
"I do," Poole said. "Outside the courtroom," Tracey told the jury.
"But when this document got published, by the time it went through everybody's hands, by the time the editing was over, that statement disappears," he said. "It is not in the peer-reviewed literature."
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