Parents Sue Pfizer, Claiming Zoloft Caused Daughter’s Birth Defects

Just like any other parents-to-be, Hayley and Oklay Erol were thrilled when they found out they were expecting. And like many women, Hayley was facing her own health challenges, including depression. However, she was never told that taking Zoloft while pregnant could potentially result in her baby suffering permanent, life-threatening birth defects. The couple filed a Zoloft lawsuit on Nov. 27, 2013, joining many other parents in multidistrict litigation (MDL) where hundreds of Zoloft birth defect lawsuits have been filed. The foundation of this Zoloft MDL is that Pfizer Inc. has allegedly known about the Zoloft complications for years but failed to warn doctors and patients about the risks.

In their birth defects lawsuit, the parents claim that Zoloft is “defective, dangerous to human health, unfit and unsuitable to be marketed and sold in commerce and lacked proper warnings as to the dangers associated with its use.” According to the Zoloft lawsuit, their daughter Alexia was born on May 4, 2010 “with congenital birth defects known as apical ventricular septal defect, patent foramen ovale, bilateral superior vena cava, and other related conditions as a result of (Hayley’s) ingestion of Zoloft.”

Fortunately for the family, Alexia survived—some babies have birth defects so severe that they simply can’t thrive. The parents are filing their Zoloft lawsuit on behalf of themselves and their daughter “to recover medical and other expenses related to the treatment resulting from (Alexia’s) birth defects, disorders, and/or related illnesses and for general and special damages, and such other relief as requested” for injuries allegedly resulting from Hayley’s use of Zoloft.

Lawsuit Says Pfizer Failed to Warn of Zoloft Side Effects

Zoloft was the most popular antidepressant in the world in 2005. The couple’s Zoloft lawsuit states that had Hayley been “adequately warned that Zoloft could cause congenital birth defects if ingested during pregnancy, she would not have taken the drug.” No mother to be would risk the life, health or well-being of her child— especially when there are many other antidepressants on the market which don’t come with the same Zoloft risks.

“Under the FDA (U.S Food & Drug Administration) scheme, (Pfizer) had a duty to ensure their warnings to the medical community are and remain accurate and adequate, to conduct safety surveillance of adverse events for the drug to report any data related to the safety and/or accuracy of the warnings and information disseminated from the drug,” but the Erols claim that never happened.

Pfizer conducted numerous pre- and post-market testing on Zoloft, but there was reportedly never any mention of the risks of birth defects on any of the warning labels, inserts or other packaging. Prior to Hayley’s pregnancy, Pfizer “knew or should have known that taking Zoloft during pregnancy posed risks to the developing fetus …. (They) should have known that children were being born with congenital birth defects, heart defects, PPHN, craniosynostosis, and other similar conditions.”

Four Years in the Making

Alexia will soon be turning 4, but the Erols didn’t immediately know that Zoloft could have been the cause of her birth defects. There’s usually a two-year period in which to file any claim, but that assumes that the victims had access to the knowledge of the risks. However, according to the Zoloft lawsuit, Pfizer “failed to fully, truthfully and accurately disclose Zoloft data to the FDA, the (Plaintiffs and their physicians), and as a result negligently, intentionally and fraudulently misled the medical community, physicians,” and others.

The couple is suing Pfizer for failure to warn, design defect, negligence, negligent design, fraud/misrepresentation and suppression, constructive fraud, breach of warranties, gross negligence/malice, loss of consortium and pecuniary loss, negligent infliction of emotional distress, and punitive damages.

The Zoloft birth defects lawsuit is Hayley Erol, et al. v. Pfizer Inc., et al., Case No. 2:13-cv-06915-CMR, in the U.S. District Court for the Eastern District of Pennsylvania.

Was Your Baby Born with Zoloft Birth Defects?

Studies have shown that women who take SSRI antidepressants during the first trimester of pregnancy are more likely to give birth to a child with congenital defects. These congenital defects include:

• ASD/VSD (hole in heart)
• Hypoplastic Left Heart or Right Heart Syndrome
• Tetralogy of Fallot
• Pulmonary Valve Stenosis
• Other heart malformation or heart defect
• Cleft Palate or Cleft Lip
• Spina Bifida
• Omphalocele
• Club foot

If you took an antidepressant such as Celexa, Lexapro, Paxil, Prozac, Zoloft or Effexor and your child was born with one or more of the birth defects listed above, you may qualify to pursue compensation from the drug manufacturer. Your child must be under the age of 18 and had surgery to correct his or her congenital defects. Learn more and obtain a free case review at the SSRI Antidepressant Birth Defect Class Action Lawsuit Investigation.