Ohio Mother Sues Wyeth for Daughter’s Effexor Birth Defects

Ohio resident Melissa Beatty filed a lawsuit against the makers of the popular antidepressant Effexor on August 9, 2013, claiming that it caused birth defects in her daughter, Kylie Beatty. According to the lawsuit, Effexor 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.” 

Kylie was born on October 24, 2005 with “cardiac anomalies, including an atrial septal defect (ASD), as well as other conditions” because Beatty was told Effexor was safe to take while pregnant, the plaintiff claims. Beatty is suing Wyeth on behalf of Kylie to recover medical and other expenses related to treating her Effexor birth defects. The Effexor lawsuit is also asking for general and special damages, including punitive damages, and other relief.

Beatty says she took Effexor as prescribed under her doctor’s orders throughout her pregnancy. She and her physician “relied upon the fact that any birth defects and other serious pregnancy issues associated with the use of Effexor would have been listed or emphasized within the Effexor prescribing information and/or drug label as a basis to believe that Effexor was safe for use during pregnancy and would not cause birth defects,” the Effexor lawsuit states.

Antidepressant birth defect lawsuits are gaining traction around the country because a number of antidepressants, including Effexor, do not adequately warn patients, their doctors and the community at large about the risk of birth defects if taken by pregnant women. Beatty says she was never told about these risks and never read about Effexor birth defects anywhere on the packaging or information she was given. She says that if she had known that taking Effexor while pregnant could harm her child, she would never have taken the drug and risked the well-being of her daughter.

The Food and Drug Administration (FDA) requires drug manufacturers to test and warn about any potential side effects. Prior to Beatty’s pregnancy, she claims that Wyeth knew or should have known about the risks of Effexor side effects and should have known that children were being born with birth defects allegedly caused by Effexor. 

Beatty says that well before her pregnancy, the company “knew of the dangerous birth defects associated with Effexor’s use during pregnancy from the preclinical studies and the subsequent published studies confirming these risks. Pfizer and Wyeth took no action to adequately warn or remedy the risks, but instead concealed, suppressed and failed to disclose the dangers.” 

The Effexor lawsuit claims that the companies “failed to fully, truthfully, and accurately disclose Effexor data to the FDA, (herself and her physicians), and as a result negligently, intentionally and fraudulently misled the medical community, physicians, (her) physicians” and Beatty. 

Directly because of the company’s failure to warn about Effexor side effects, Beatty says that she and her daughter have suffered, “and will continue to suffer in the future, great emotional pain, mental anguish, and other serious injury and loss, including loss of consortium, services, support, companionship, society, love and affection.” In addition to pain and suffering, Beatty has also incurred incredible medical costs and will continue to do so in the future. Once her daughter becomes an adult, Kylie will also take on immense medical costs in order to continue to treat her Effexor birth defects. 

A Mother’s Compensation

No amount of money will make up for a child born with birth defects. However, Beatty and her daughter are both seeking compensation, and she’s suing Wyeth for failure to warn, design defect, negligence, negligent design, fraud, breach of warranty, gross negligence, loss of consortium, and violation of Ohio’s Consumer Sales Practices Act. She’s also seeking punitive damages and a trial by jury.

Beatty is specifically asking for money damages for fair compensation, punitive and treble damages, attorney’s fees, pre- and post-judgment interest, the cost of suit and expenses, and any other relief the court deems appropriate. While this is in no way a fair trade for a lifetime of suffering, not to mention a mother’s guilt, it will help and will also aid in warning other women.

The case is Melissa Beatty, et al. v. Wyeth Pharmaceuticals Inc., et al., Case No. 13-cv-00677, U.S. District Court for the Northern District of Ohio Eastern Division.

Did You or Your Mother Take an SSRI While Pregnant?  

If you or your birth mother took an antidepressant while pregnant that resulted in birth defects, you might have legal claim. Learn more about your options by visiting the Zoloft, Paxil, Celexa, Lexapro, Depakote & Prozac SSRI Antidepressant Birth Defect Class Action Lawsuit Investigation today. After you submit your information, a skilled, compassionate birth defect lawyer will contact you if you qualify for a free claim review.