By Sarah Mirando  |  September 4, 2013

Category: Pharmaceuticals
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Child Dies from Zoloft Birth Defect Complications, Lawsuit Says

By Jessica Tyner

 

generic Zoloft birth defect lawsuitIndiana mother Miyabi Otonashi is suing Pfizer Inc. and Greenstone LLC, alleging that her child died of serious birth defects allegedly caused by her use of generic Zoloft during her pregnancy.

The child, referred to as only “S.O.” in the Zoloft lawsuit, was born on August 8, 2011 at Riley Hospital for Children in Indianapolis, Indiana. According to Otonashi, the drug companies did not provide adequate warnings to doctors, patients and the community at large about the risk of Zoloft birth defects. Doctors allegedly prescribed generic Zoloft to Otonashi during her pregnancy because they believed it was safe, since that’s what the warning labels suggest. The plaintiff’s child died after just one day of life on August 9 from Zoloft birth defects that included a diaphragmatic hernia leading to pulmonary hypoplasia and respiratory failure.

“S.O’s injuries and death were a direct result of plaintiff’s ingestion of Greenstone ZOLOFT® [generic Zoloft] during her pregnancy in a manner and dosage recommended by Pfizer and prescribed by Plaintiff’s doctors,” the Zoloft lawsuit says.

At the time of Otonashi’s pregnancy, she claims that Pfizer and Greenstone knew or should have known about the risks of taking Zoloft while pregnant, but concealed that information. The lawsuit claims that “Prior to the time that plaintiff ingested Greenstone ZOLOFT® during her pregnancy, Pfizer knew or should have known from available information that ZOLOFT® and Greenstone ZOLOFT® posed an increased risk of multiple congenital birth defects. At or before FDA approval of ZOLOFT®, Pfizer knew that ZOLOFT® caused birth defects when administered to non-human mammalian species.”

Zoloft is one of Pfizer’s more lucrative drugs, and Otonashi along with other Zoloft victims believe that the company hid the Zoloft side effects in an effort to maintain their profits.

“Pfizer knew from preclinical studies and subsequent published studies that dangerous birth defects were associated with ZOLOFT® and Greenstone ZOLOFT® use during pregnancy,” the lawsuit states. “Pfizer took no action to properly study ZOLOFT® and Greenstone ZOLOFT® and/or did not properly publish the results of studies that it did conduct, which would have reflected the increased risks. Pfizer failed to adequately warn or remedy the risks and, instead, concealed, suppressed, and failed to disclose the dangers. Despite numerous published studies, Pfizer continues to deny these dangers.”

According to Otonashi, it’s in Pfizer’s best interest to keep mum on the real risks of Zoloft. Even though pregnant women make up a relatively small percentage of Zoloft users, and it’s relatively safe to go back on the drug once a child is born, she alleges that the company didn’t want to lose even a small amount of consumers for a small amount of time.

She says that “Pfizer knew that its failure to disclose to the medical community and consumers,
including plaintiff, the increased risk of congenital birth defects associated with ZOLOFT® and Greenstone ZOLOFT® use during pregnancy could result in serious injury and/or death to the children or unborn fetuses of women who were prescribed ZOLOFT® and Greenstone ZOLOFT® by physicians who were unaware of this information.”

What the Plaintiff Wants
    
Otonashi is suing Pfizer for defective design, failure to warn, negligence, fraudulent misrepresentation and concealment. Otonashi says that “Pfizer misrepresented and/or concealed these material facts with the intent to deceive ZOLOFT® and Greenstone ZOLOFT® users, including Plaintiff, and prescribers and induce users to ingest ZOLOFT® and Greenstone ZOLOFT® during pregnancy.” For her, it cost her the life of her child.

Otonashi is asking for “Compensatory damages, including but not limited to loss of the child’s services,
loss of the child’s love and companionship, costs of health care and hospitalization, costs of funeral and burial, and costs of psychiatric and psychological counseling incurred by Plaintiff, in excess of $75,000, exclusive of interest and costs,” according to the Zoloft lawsuit.

She’s also seeking attorney’s fees, pre- and post-judgment, punitive damages and any other relief she deserves.

The case is Miyabi Otonashi, et al. v. Pfizer Inc., et al., Case No. 3:13-cv-00824-DRH-PMF, the United States District Court for the Southern District of Illinois.

Obtain a Free Zoloft Lawsuit Review

If you were prescribed Zoloft or another SSRI while pregnant and had a child with birth defects, or your mother took Zoloft during pregnancy and you suffered birth defects, you may have a Zoloft legal claim. Discover more at the Zoloft, Paxil, Celexa, Lexapro, Depakote & Prozac SSRI Antidepressant Birth Defect Class Action Lawsuit Investigation right now. After your information is submitted, a birth defect lawyer will contact you if you have a case for a complimentary Zoloft claim review.

 

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