Karina Basso  |  September 24, 2014

Category: Legal News

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birth defects lawsuitA Kentucky family is suing Wyeth Pharmaceuticals Inc. in an Effexor birth defect lawsuit alleging that Wyeth’s antidepressant drug caused the couple to have a child with birth defects.

Plaintiff Felicia Morgan has been a regular consumer of Effexor since at least 2007, which she took to manage her depression. Morgan was prescribed and continued to take Effexor under her doctor’s direction while she was pregnant with her son, born Jan. 14, 2008.

However, upon birth, it was discovered that the Morgan infant had “significant congenital anomalies, including Ventricular Septal Defect (VSD), as well as other conditions, as a result of Ms. Morgan’s ingestion of Effexor,” according to the birth defect lawsuit.

Felicia Morgan and her husband Michael have filed this Effexor lawsuit claiming: “Despite the exercise of reasonable diligence in investigating the cause of injuries, including consultations with her medical care providers, Ms. Morgan was not told that Effexor could have caused the Infant Plaintiff’s injuries. Nor did Ms. Morgan  see or read any information suggesting Effexor caused the Infant Plaintiff’s injuries until a date within the applicable statute of limitations for filing  Plaintiff’s claims.”

Morgan claims that had she known about the risk of fetal birth defects while on Effexor, she would not have taken the Wyeth manufactured drug. As a result of the birth defects allegedly produced by Effexor, the Morgans’ child had to undergo surgery and additional treatment and will likely continue to need medical treatment in the future.

Felicia and Michael Morgan on behalf of themselves and their son have filed this Effexor birth defect lawsuit alleging several claims against Wyeth Pharmaceuticals including strict liability, failure to warn, design defect, negligence, fraudulent misrepresentation, constructive fraud, breach of express and implied warranties, gross negligence, loss of consortium, and punitive damages.

According to their Effexor birth defect lawsuit, the Morgans are seeking relief in the form of monetary damages, punitive damages, attorney’s fees, and other awards deemed appropriate by the court.

The Effexor Birth Defect Lawsuit is Morgan v. Wyeth Pharmaceuticals Inc., et al., Case No. 2:14-cv-03646-CMR, in the U.S. District Court for the Eastern District of Pennsylvania.

The Effexor Birth Defect Multidistrict Litigation Lawsuit is In re: Effexor (Venlafaxine hydrochloride) Products Liability Litigation, MDL No. 2458, in the United States District Court for the Eastern District of Pennsylvania.

Effexor and Birth Defects

Effexor is a venlafaxine hydrochloride SNRI drug designed, manufactured, and sold within the United States by Wyeth, a subsidiary of Pfizer Inc. In 1993, the U.S. Food and Drug Administration (FDA) approved Effexor as a safe treatment of major depression in adults

While Effexor is deemed to be a relatively safe anti-depression medication, it can have several side effects, and in the case of pregnant women, it can result in birth defects in utero.

Some birth defects associated with Effexor and other anti-depression medication include:

  • Spina bifida
  • Craniosynostosis
  • Cleft lip or palate
  • Club foot
  • Heart damage or defect
  • Internal malformation such as omphalocele
  • PHN (persistent pulmonary hypertension)
  • Lung defect

Felicia Morgan is not the only mother pursuing a birth defect lawsuit against a drug manufacturer after her baby was allegedly born with birth defects related to the use of an SNRI or SSRI anti-depressant. Many women are filing individual birth defect lawsuits or joining birth defect class action lawsuits to seek legal action against the drug manufacturers.

In general, birth defect lawsuits are filed individually by each plaintiff and are not class actions.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.

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Join a Free Birth Defect Lawsuit Investigation

If you or a loved one took Zoloft, Prozac, Lexapro, Effexor, Celexa, Cymbalta or Depakote during pregnancy and gave birth to a child with a congenital defect, you may have a legal claim against the drug’s manufacturer. Find out if you qualify to pursue compensation for your child’s medical expenses, pain and suffering, and other damages by filling out the form below now.

An attorney will contact you if you qualify to discuss the details of your potential case.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.