By Karina Basso  |  January 14, 2015

Category: Legal News

Birth Defect LawsuitA birth defect lawsuit was filed in Decemeber against Pfizer Inc. and Wyeth Pharmaceuticals Inc. by a Mississippi mother who claims her child developed in utero birth defects because of their anti-depression medication Pristiq.

Plaintiff Estella G. claims in Pristiq birth defects lawsuit that prior to her son’s birth in October 2011, she was prescribed Pristiq by her attending physician to treat her symptoms of depression.

In her Pristiq lawsuit, Estella claims that her son was born with “an atrial septal defect, ventricular septal defect, double outlet of right ventricle, patent ductus arteriosis, transportation of the greater arteries pulmonary stenosis, and hypoplastic right ventrical, also referred to herein as a heart defects, as a result of Mother Plaintiff’s use of Pristiq. As a result of his injuries Minor Plaintiff has undergone multiple cardiac surgeries and procedures.”

The plaintiff explains that she is bringing this birth defect lawsuit against Pfizer and Wyeth to recover medical expenses, treatment expenses relating to managing her son’s host of birth disorders and other related illnesses, general and special damages, as well as punitive damages.

According to the Pristiq birth defect lawsuit, Estella’s son’s birth defects and subsequent injuries were “foreseeable, direct, and proximate result[s] of Defendants’ acts and/or omissions, including but not limited to, dissemination of inaccurate, misleading, materially incomplete, false, and otherwise inadequate information to the medical community.”

The plaintiff claims that had she known about the possible Pristiq birth defect side effects prior to taking the drug, she would never have taken the prescription drug at all.

Estella’s birth defect lawsuit includes several allegations against Pfizer and Wyeth, including claims of failure to warn, design defect, negligence, negligent misrepresentation, fraudulent misrepresentation, breach of express warranty, breach of implied warranty, unjust enrichment, loss of consortium, pecuniary loss, and punitive damages.

The Pristiq Birth Defect Lawsuit is Case No. 3:14-cv-00263-MPM-SAA, in the U.S. District Court for the Northern District of Mississippi, Oxford Division.

SSRI Drugs and Birth Defects

According to several birth defect studies, both selective serotonin re-uptake inhibitors (SSRIs) and serotonin and norepinephrine reuptake inhibitors (SNRIs) antidepressants can increase a child’s risk of developing in utero defects if the mother takes the SSRI or SNRI drugs during pregnancy. Because of these in utero birth defects, an infant can suffer permanent, life-long disabilities, or even death during the birth process.

Common antidepressant medications like Zoloft, Prozac, Lexapor, and Celexa are considered SSRIs, while the ever popular Cymbalta and Effexor are classified under the SNRI category. This means that some of the most popularly prescribed antidepressant medications on the American drug market today have the ability to increase a mother’s chance of giving birth to a child with allegedly preventable birth defects.

Some common birth defects associated with Pristiq and other anti-depressants include:

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

Most of the above listed congenital birth defects may require an infant to undergo numerous surgeries and may also necessitate other forms of expensive medical care for the rest of the child’s life. These procedures and treatments can often put undue financial burden on the families of infants who have experienced or developed Pristiq birth defects.

As a result, many families have sued the SSRI and SNRI drug manufacturers like Pfizer and Wyeth, seeking compensation for the various medical expenses accrued by the birth defects allegedly caused by Pristiq and other antidepressant drugs.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The birth defect 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. [In general, birth defect lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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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.

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