Mother Sues Drug Companies for Daughter’s Zoloft Birth Defects
By Robert J. Boumis
Tennessee mother Rachel Cable has filed a Zoloft birth defect lawsuit against the manufactures of Zoloft (Sertraline HCL), alleging the SSRI antidepressant seriously harmed her daughter in utero. The case, filed on July 11, 2013, has been transferred to the Zoloft MDL known as In re: Zoloft (Sertraline Hydrochloride) Products Liability Litigation (MDL No. 2342).
Cable’s Zoloft lawsuit includes both herself and her daughter, referred to as only “S.C.” in the complaint. During her pregnancy with S.C., Cable took Zoloft as directed. When S.C. was born 2003, the child suffered from serious birth defects, including heart defects. The Zoloft birth defect lawsuit states that Cable would not have taken the drug if she had known about the risk of birth defects associated with it.
Cable alleges in the Zoloft lawsuit that Pfizer knew – or should have known – that women who took Zoloft during pregnancy were giving birth to children with serious birth defects. The lawsuit states that studies showed that Zoloft and related SSRIs could cross the placental barrier, affecting the development of a fetus. The complaint also refers to animal studies that show SSRIs had teratogenic effects in nonhuman mammal test subjects. The Zoloft lawsuit points out that epidemiological studies dating back at least to 1996 showed a link between SSRIs like Zoloft and serious birth defects, including breathing and heart problems.
The Zoloft birth defect lawsuit asserts that Pfizer did not act on this information, stating that “despite Pfizer’s knowledge of the danger, Pfizer failed and continues to fail to warn and disclose to consumers, including Ms. Cable, that Zoloft significantly increases the risk of heart malformations and other birth defects.”
Cable says she wasn’t informed or aware of the serious risks associated with Zoloft birth defects, and would have never used the drug during her pregnancy with S.C. if she had known.
The Zoloft birth defect lawsuit alleges that Pfizer and their co-defendants are liable on the grounds that their actions constituted neglect and fraud. The complaint alleges that the drug manufacturer designed a defective drug, and that SSRIs like Zoloft are in and of themselves “more dangerous than an ordinary consumer would expect.”
The Zoloft lawsuit also holds that the defendants failed to live up to their duty to warn consumers when the link between Zoloft and birth defects became apparent. The lawsuit further alleges that beyond negligence, the manufacturers’ actions constitute fraud, on the grounds that they knowingly marketed a potentially dangerous product.
Cable is seeking damages for medical expenses, court costs, and punitive damages.
Her Zoloft Birth Defect Lawsuit case is Rachel Cable, et al. v. Pfizer Inc., et al., Case No. 13-cv-04025-CMR.
If you took an SSRI like Zoloft during pregnancy and had a child with serious birth defects, your life has most likely been completely turned upside down. Coping with a medical crisis like this can completely consume your life. But you need to remember that you have rights, and there are steps that you can take to get back control of your life.
You can start by visiting the Zoloft, Paxil, Celexa, Lexapro, Depakote & Prozac SSRI Antidepressant Birth Defect Class Action Lawsuit Investigation. Here, you can enter your information for a free legal review to see if you have a case.
Updated July 16th, 2013
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.
Top Class Actions Legal Statement