Mother Files Zoloft Lawsuit Over Son’s Birth Defects
By Jessica Tyner
When Donya Clary was told it was okay to take the popular antidepressant Zoloft while pregnant, she trusted her doctor and the drug maker. However, the basis for many Zoloft lawsuits is that Pfizer, the maker of the drug, doesn’t provide adequate warnings about the risk of birth defects associated with the antidepressant. Like consumers, physicians depend on the information provided by drug makers to make the best choices for their patients.
Clary filed her Zoloft lawsuit on May 30, 2013 on behalf of herself and her minor son, “D.C.,” who was born with congenital birth defects allegedly due to Clary taking Zoloft while pregnant. Clary took sertraline, a generic form of Zoloft, but it still qualifies for the Zoloft multidistrict litigation (MDL) which she has now joined.
According to her generic Zoloft lawsuit, sertraline “is also defective, dangerous to human health, unfit and unsuitable to be marketed and sold in commerce, and lacks proper warnings as to the dangers with its use.”
According to the Zoloft lawsuit, Clary had been prescribed sertraline and continued to take it even after she discovered she was pregnant. Following an ultrasound on Nov. 19, 2009, Clary discovered that her baby had bilateral club feet. She gave birth to D.C. on Feb. 10, 2010. According to the Zoloft lawsuit, “D.C.’s first years of life included serial Ponseti casting on both legs and feet. Once serial casting was completed, D.C. was required to wear Denis Brown Bar shoes 23 hours a day.”
In addition to receiving due compensation for medical bills, pain and suffering, Clary hopes that she can help bring attention to the issue and change Pfizer’s warning labels and marketing tactics. A company called Greenstone manufacturers the generic version of Zoloft, but depends on Pfizer for warning information, which is why Clary is able to sue Pfizer.
Moving Forward
It hasn’t been an easy road for the Clarys, but joining the Zoloft MDL is getting them on the fast track to financial relief. According to the Zoloft lawsuit, “D.C. continues to suffer physically and emotionally from this birth defect caused by Sertraline. D.C. continues to have regular doctor exams and testing and has been deprived of having a normal childhood and life. D.C. has endured substantial medical care, procedures and treatment as a result of this defect. Donya Clary continues to suffer mentally, emotionally, and financially as a result of her son’s birth defects. Donya has incurred substantial medical bills as a result of her son’s condition.”
Clary is suing Pfizer for failure to conform to manufacturer’s representations, negligence, manufacturing defect, design defect, inadequate warning, fraud, negligent misrepresentation, and unjust enrichment. Although Clary has joined a Zoloft MDL, she will still be eligible for a trial by jury to consider her and her son’s unique situation.
The Zoloft lawsuit is Donya Clary, et al. v. Pfizer Inc., et al., Case No. 2:13-cv-02977-CMR, in the U.S. District Court for the Eastern District of Pennsylvania.
Was Your Baby Affected by Zoloft Birth Defects?
If you took Zoloft while pregnant and your child was born with birth defects, you might have a Zoloft legal claim. Learn more by visiting the Zoloft, Paxil, Celexa, Lexapro, Depakote & Prozac SSRI Antidepressant Birth Defect Class Action Lawsuit Investigation. After you submit your information, an attorney will contact you if you have a case for a free Zoloft claim review.
All medical device, dangerous drug and medical class action and lawsuit news updates are listed in the Drug and Medical Device section of Top Class Actions.
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