Judge Denies Certification in Celexa & Lexapro Class Action Lawsuit

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A federal judge last week denied class certification to a collection of class action lawsuits accusing Forest Pharmaceuticals and Forest Laboratories of illegally promoting the antidepressants Celexa and Lexapro for use in children.

The crux of the allegations in the multidistrict litigation, titled In Re: Celexa and Lexapro Marketing and Sales Practices Litigation, is that Forest illegally promoted the antidepressants for off-label use in pediatric and adolescent patients from about 2001 to 2005. The FDA had only approved the drugs for use in adult patients and, with respect to Celexa, the FDA had specifically denied approval for pediatric use, according to the plaintiffs.

In one fell swoop, however, U.S. District Judge Nathaniel M. Gorton denied September motions to certify the consolidated actions, ruling that plaintiffs in two of the lawsuits couldn’t represent a nationwide class because the laws of their home states would apply in the consolidated case.

In his order the judge noted that there are “certainly advantages to litigating this claim on a classwide basis,” but that most courts are unwilling to certify consumer protection classes from multiple states because the court cannot apply the different state laws across the board.

“It is clear that in this case the inherent difficulties far outweigh the potential benefits of a nationwide class action. As a result, a class action is not the superior method for adjudicating these claims,” Gorton wrote.

Judge Gorton also denied certification to a third class action lawsuit, finding the plaintiff hadn’t sufficiently proved that every doctor who had prescribed Celexa to Class Members was exposed to Forest Pharmaceuticals’ marketing campaign.

“It is not sufficient simply to presume all doctors who prescribed Celexa were recipients of those misrepresentations,” the judge said.

The case is In re: Celexa and Lexapro Marketing Sales Practices Litigation (MDL No. 09-2067), U.S. District Court for the District of Massachusetts.

UPDATE: Judge Gorton certified a revised class action lawsuit brought on behalf of Missouri purchasers of Celexa and Lexapro.

UPDATE 2: On June 27, 2016, Top Class Actions viewers who submitted timely and valid claims for the pediatric Celexa, Lexapro settlement began receiving checks worth as much as $2,800.

If you were prescribed Celexa or Lexapro during pregnancy and subsequently have birth to a child with a birth defect, you may have a legal claim. Visit the SSRI Antidepressant Birth Defect Class Action Lawsuit Investigation for more details. Compensation specialists are standing by to review your claims for free.