Wisconsin parents have filed a wrongful death lawsuit in Pennsylvania claiming that the mother’s use of the antidepressant drug Zoloft during pregnancy caused their daughter’s death only hours after she was born with severe birth defects. Prescription drug behemoth Pfizer, maker of Zoloft, and its wholly-owned subsidiary Greenstone, manufacturer of Zoloft generic Sertraline, are named defendants in the lawsuit.
The couple’s baby girl was born on January 6, 2010, with congenital birth defects including significant malformations of the brain, hydrocephalus (often called “water on the brain”) and pulmonary hypoplasia (underdeveloped lungs). The infant died later that same day. The lawsuit claims that before her pregnancy, the drug companies Gladstone and Pfizer knew or should have known that using generic Sertraline or brand name Zoloft while pregnant posed serious risks to the developing fetus and that they failed to warn of such risks.
“Defendants failed to fully, truthfully, and accurately disclose Zoloft and/or Sertraline data to the FDA, the public, including [the baby’s mother], and the medical community, including [the mother’s] physicians, and as a result negligently, intentionally, and fraudulently misled the medical community, physicians, including [the mother’s] physicians, and the public, including [the baby’s mother], about the risks to a fetus caused by Zoloft and/or Sertraline exposure during pregnancy,” the lawsuit claims.
The lawsuit was filed in the Zoloft MDL currently pending in the U.S. District Court for the Eastern District of Pennsylvania in Philadelphia, PA, Judge Cynthia M. Rufe presiding.
The Pennsylvania Record reports that, “The case contains counts of strict product liability; negligence; negligent design; fraud, misrepresentation, and suppression; constructive fraud; breach of implied and express warranties; and gross negligence/malice. The suit also contains counts of wrongful death, loss of consortium, pecuniary loss, and alleged violations of the Consumer Fraud Act.” The couple seeks “actual damages, as well as general, economic and special damages, damages related to loss of earnings and impaired earning capacity, medical expenses, damages for mental and emotional distress, litigation costs, attorney’s fees, pre-and-post-judgment interest, punitive damages and exemplary damages.”
The Pennsylvania Record also reports that on January 2, 2013, Judge Rufe issued a pretrial order giving Zoloft MDL plaintiffs 60 days to file responsive pleadings to the master short-form answer to the Zoloft lawsuits filed by Pfizer and Greenstone. “The Order applies to all actions either transferred to the Zoloft Products Liability Litigation from another federal jurisdiction, those originally filed in the U.S. District Court in Philadelphia, and those filed as “tag-along” actions transferred to the Eastern District of Pennsylvania by the Judicial Panel on Multidistrict Litigation.”
Zoloft Lawsuit Help
If your child was born with a birth defect after Zoloft use during pregnancy, you may be entitled to substantial financial compensation and should speak with a lawyer right away. Our experienced attorneys want to talk with you about your legal rights, options and potential claim to a Zoloft settlement. You may have a Zoloft birth defects lawsuit. Our national Zoloft lawyers help children and families across the U.S. who have affected by Zoloft birth defects recover personal injury and wrongful death damages.
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