Friday, January 11, 2013

Giant Pharmaceutical Company Faces Wrongful Death Lawsuit over ...

anti-depressant drugA couple from Wisconsin reportedly filed a wrongful death lawsuit against the American multinational pharmaceutical corporation, Pfizer Inc., Pfizer International LLC, and Greenstone LLC, after their newborn child suffered birth defects and died due to an anti-depressant drug ingested by the mother during her pregnancy.

In the said lawsuit, spouses Ryan and Justyne Eaton claimed that the anti-depressant drug, Zoloft, which was manufactured and distributed by the defendants, caused their child?s birth defect and eventual death.

The lawsuit stated that the spouse?s child, Aubry, who was born on January 6, 2010, died on that same day as a result of severe birth injuries caused by Justyne Eaton?s ingestion of Zoloft while she was pregnant with Aubry. The child was born with significant brain malformations, hydrocephalus, and pulmonary hypoplasia.

Consequently, the couple asserted that the defendants failed to fully, truthfully, and accurately disclose Zoloft?s data and/or its generic equivalent, Sertraline, to the FDA, the public consumers, as well as the medical community. As a result of the defendants? negligence, the entire medical community, physicians, and the public were misinformed about the risks of the drug to a fetus.

Apparently, the lawsuit includes counts of strict product liability, fraud misrepresentation and suppression, negligence design, breach of implied and express warranties, constructive fraud, and gross negligence or malice. In addition, it also contains charges of wrongful death, pecuniary loss, loss of consortium, and alleged violations of the Consumer Fraud Act.

The couple is seeking for unspecified amount of damages for mental and emotional sufferings in the said lawsuit.

It could be remembered that late in 2011, Zoloft, along with other anti-depressant drugs like Paxil, took the center stage after researchers found out that the drugs increase the risks of birth defects and other birth injuries. In fact, since then, hundreds of mother whose children were born with birth defects caused by the anti-depressant drugs have already filed product liability claims against its manufacturers.

Accordingly, if a parent has a child who suffered birth injury or defect due to a particular drug whose potential risks were not properly disclosed, they can be entitled to receive compensation for the damages they incurred. However, in such cases of negligence, the responsible party seldom admits its wrongdoing. Therefore, a Los Angeles wrongful death lawyer advises parents to have the best legal representative to ensure their court victory.

Source: http://blog.mesrianilaw.com/2013/01/10/giant-pharmaceutical-company-faces-wrongful-death-lawsuit-over-anti-depressant-drug/

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