Zoloft Lawsuit – Adler

Zoloft Lawsuit (07/30/12): If your child suffered serious side effects after you took Zoloft during your pregnancy, speaking with an experienced Zoloft Lawsuit attorney is your first step toward collecting damages as compensation for injuries. Zoloft (sertraline) is an antidepressant known as a selective serotonin reuptake inhibitor (SSRI). In pregnant women, this drug has been linked to a higher rate of various birth defects. Contact Best Legal Source today for more information on Zoloft Lawsuits. Call at (800) 611-7080 or complete the form to the right. We will connect you with a Zoloft Lawsuit attorney who will discuss a possible Zoloft Lawsuit.

Why should I specifically use a Zoloft Lawsuit attorney?

It is generally accepted through certain studies that using Zoloft during the first trimester of pregnancy could produce birth defects such as Omphalocele and septal defects of the heart. Working with Zoloft Lawsuit attorneys can increase your chance of recovering financial compensation through a Zoloft Lawsuit. These attorneys are experienced with Zoloft Lawsuits and pharmaceutical litigation in general. Best Legal Source can assist you in beginning the process by helping you file a Zoloft Lawsuit.

Why should I call Best Legal Source first before searching for a Zoloft Lawsuit attorney?

The goal of Best Legal Source is to provide information to individuals suffering from the use of Zoloft that will help them pursue a successful Zoloft Lawsuit with a qualified Zoloft Lawsuit attorney. Not all attorneys working today have the experience and skill needed for this complex type of litigation. Let us put you in touch with a team of Zoloft Lawsuit attorneys who will guide you through the legal system.

What costs would I be responsible for in Zoloft Lawsuits?

The Zoloft Lawsuit firms we are associated with work on a contingency basis. This means you pay no fees unless they successfully resolve your case by a settlement or judgment. If your baby was injured because you were prescribed Zoloft, you could be entitled to financial compensation such as medical expenses and pain and suffering. The Zoloft Lawsuit attorneys we work with are experienced in evaluating cases. Call Best Legal Source today.

What period of time do I have to file a Zoloft Lawsuit?

A claimant in each state must bring an action within a certain period of time stipulated in their state’s statute of limitations. In most states, this period of time begins when a claimant became aware of their injury. Statute of limitations varies from state to state. Therefore, it is advisable to begin a conversation with a Zoloft Lawsuit attorney as soon as possible if you are interested in becoming a part of Zoloft Lawsuits. Call us at (800) 611-7080. Representatives are waiting for your call.

Are there any special precautions I should take when using Zoloft?

The Zoloft Lawsuit is an affordable option to pursue compensation for any harm possibly caused by Zoloft. If you are pregnant or plan on becoming pregnant, talk with your healthcare provider if you are undergoing treatment for depression to determine your best option during pregnancy. Discuss with your physician about the potential benefits versus risks of taking Zoloft during pregnancy. Never stop taking medication without first talking with your physician. Report any suspected side effects of Zoloft to your physician immediately. It is vitally important for you to stay up-to-date on any safety alerts or communications regarding this medication while you pursue a Zoloft Lawsuit.

Has there been any communication from the U.S. Food and Drug Administration (FDA) that could assist me in the pursuit of a Zoloft Lawsuit?

Even if you are already in the process of filing a Zoloft Lawsuit, staying apprised of new information from the FDA is beneficial. In December 2011, the FDA updated the public on the use of SSRIs by women during pregnancy and the potential risk of a heart and lung condition known as Persistent Pulmonary Hypertension of the Newborn (PPHN). This occurs when a newborn cannot adapt to breathing outside the womb. If severe enough, PPHN can result in organ damage, including brain damage and even death. Current SSRI product labeling states, “infants exposed to SSRIs late in pregnancy may have an increased risk for PPHN”. Some studies have added impact to filing Zoloft Lawsuits.

Are there any final thoughts on the medication Zoloft?

Before taking an antidepressant such as Zoloft, speak to your physician about the risks of treating your condition with an SSRI. Remember that if you believe your child has been injured because of the medication Zoloft, Best Legal Source can connect you with experienced Zoloft Lawsuit attorneys who are able to pursue successful Zoloft Lawsuits. Now is not the time for hesitation. Please call (800) 611-7080 or fill out the contact form to the right for assistance in proceeding with a Zoloft Lawsuit.

Listed Example of a Real Zoloft Lawsuit

You can view an actual Zoloft Lawsuit excerpt below that Best Legal Source has provided through publically accessed records. Best Legal Source added the heading and comment content and these sections should not be taken as legal advice, opinion or fact. These sections are simply to increase your understanding of the information from the Zoloft Lawsuit.

This information will be of interest to those looking to pursue their own Zoloft Lawsuit. Please read below for the actual Zoloft Lawsuit.

Zoloft Lawsuit of New York U.S. District Court

Kimberly ADLER, Individually and as Parent and Natural Guardian of E.A. and F.A., Minor Children, Plaintiff, v. PFIZER, INC., a Delaware Corporation, Defendant.

The drug “Sertraline” is manufactured, promoted, distributed, labeled, marketed and sold by Pfizer under the trade name Zoloft®, Zoloft® Oral Suspension, and Zoloft® CR (hereinafter “Zoloft®”). This action seeks to recover damages for injuries sustained by the Plaintiffs as the direct and proximate result of the wrongful conduct of the Defendants in connection with their designing, developing, manufacturing, distributing, labeling, advertising, marketing, promoting, and selling Zoloft®.

Parties Involved in March 2012 Zoloft Lawsuit

Plaintiff Kimberly Adler is an adult resident of the State of Ohio. Plaintiff Kimberly Adler (“Mother Plaintiff”) is the mother and natural guardian of E.A. and F.A., minor children. (“Minor Plaintiffs”). Mother Plaintiff took the prescription drug Zoloft® during her pregnancies with Minor Plaintiffs.

Minor Plaintiffs E.A. and F.A. were born with congenital birth defects and stillborn, respectively.

Defendant Pfizer, Inc. (“Pfizer”) is a Delaware corporation with its principle place of business located at 235 East 42nd Street, New York, New York, 10017-5755.

At all relevant times, Pfizer was engaged in the business of, or was successor in interest to entities engaged in the business of researching, licensing, designing, formulating, compounding, testing, manufacturing, producing, processing, assembling, inspecting, distributing, marketing, labeling, promoting, packaging, advertising, and/or selling Zoloft® to the general public, including Plaintiff.

At all relevant times, Pfizer was authorized to do business within the state of New York; maintained its headquarters in the State of New York; did in fact transact and conduct business in the State of New York; derived substantial revenue from goods and products used in the State of New York; and supplied Zoloft® within the State of New York.

Comment on the Above Zoloft Lawsuit Minor Plaintiffs

We know from the above information in the Zoloft Lawsuit party introduction that the plaintiffs in the Zoloft Lawsuit include the mother, Kimberly Adler, as well as her two minor children. One of the Zoloft Lawsuit minor plaintiffs was born with birth defects and the other was stillborn. Read on for more Zoloft Lawsuit excerpts.

Factual Allegations of the Zoloft Lawsuit for Adler

Mother Plaintiff is the natural parent of E.A. and F.A., minor children. The Minor Plaintiffs were born with multiple congenital birth defects and stillborn, respectively, as a result of Mother Plaintiffs ingestion of Zoloft® as prescribed by her treating physician during her pregnancies.

The surviving Minor Plaintiff has been treated for congenital birth defects, is continuing to be treated for her congenital birth defects, and will continue to need additional treatment for congenital birth defects throughout her life.

Plaintiffs bring this action to recover damages, medical, and other expenses related to the death of Minor Plaintiff, as well as the treatment resulting from the Minor Plaintiffs birth defects, disorders, and related illnesses, and for general and special damages and such other relief as requested herein for injuries suffered as a direct result of Mother Plaintiffs ingestion of Zoloft® during her pregnancy in a manner and dosage recommended by Pfizer and prescribed by Mother Plaintiffs doctors.

Comment on the Personal Nature of Zoloft Lawsuit

The Zoloft Lawsuit cases typically involve an injured child with birth defects. This case is especially upsetting due to the stillborn child of Ms. Adler in the Zoloft Lawsuit. The Zoloft Lawsuit here possibly has more at stake due to one child’s death and the other’s injury.

Plaintiffs of Zoloft Lawsuit Seek Damages

Plaintiffs also bring this action to recover for the mental anguish, emotional distress, and loss of consortium, companionship, service, and/or society caused by the death and congenital birth defects of the Minor Plaintiffs that resulted from Mother Plaintiffs ingestion of Zoloft® during her pregnancies.

Defendant Pfizer, its predecessors in interest and its subsidiaries, advertised, analyzed, assembled, compounded, designed, developed, distributed, formulated, inspected, labeled, manufactured, marketed, packed, produced, promoted, processed, researched, sold, and tested the Zoloft® ingested by Mother Plaintiff.

Zoloft® is a member of a class of drugs known as “selective serotonin reuptake inhibitors.” (“SSRI”). Zoloft® was approved for use in the United States by the FDA for the treatment of Major Depressive Disorder in December 1991; for the treatment of Obsessive Compulsive Disorder (“OCD”) in October 1996; for the treatment of juvenile OCD in October 1997; for the treatment of Panic Disorder in July 1997; for the treatment of Acute Post Traumatic Stress Disorder (“PTSD”) in December 1999; for the treatment of chronic, long term PTSD in August 2001; for the treatment of Premenstrual Dysphoric Disorder in May 2002; and for the treatment of Social Anxiety Disorder in February 2003.

Pfizer’s Knowledge of Zoloft Lawsuit Alleged Info

Prior to Mother Plaintiffs becoming pregnant, Pfizer knew or should have known that children were being born with congenital birth defects, malformations, and other related conditions to women who took Zoloft® during pregnancy.

Prior to Mother Plaintiff becoming pregnant, Pfizer knew or should have known that taking Zoloft® during pregnancy poses risks to a developing fetus. Pfizer knew or should have known that Zoloft® crosses the placenta, which could have important implications for the developing fetus.

Prior to the time that Mother Plaintiff ingested Zoloft® during pregnancy, Pfizer knew or should have known that Zoloft® posed an increased risk of congenital birth defects, malformations, heart defects, persistent pulmonary hypertension of the newborn (“PPHN”), fetal demise, and other conditions.

Zoloft Lawsuit Contains SSRI Studies

Importantly, Pfizer knew or should have known by 2007 that SSRIs, including Zoloft®, doubled the risk of septal heart defects in babies born to mothers taking Zoloft®. Louick, Carol, First-Trimester Use of Selective Serotonin Reuptake Inhibitors and the Risk of Birth Defects, 356 (26) New Eng. J. Med. 2675-2683 (2007).

These same heart defect results were further confirmed in 2009 with the publishing of the Pederson Study. This study was designed to evaluate the association between SSRI use during the first trimester of pregnancy and major malformation. The study looked at 496,881 births reported in the Danish nationwide birth registry. The study found that the use of Zoloft® and Celexa® were associated with an increased prevalence of septal heart defects, and the use of more than one type of SSRI during the first trimester was associated with a fourfold increase in the prevalence of septal heart defects. Pederson, Lars, Selective Serotonin Reuptake Inhibitors in Pregnancy and Congenital Malformation: Population Based Cohort Study, 339 British Medical Journal b3569 (2009).

Further studies confirmed these earlier findings. The Komum Study looked at 216,042 women, 2,062 of whom had taken an SSRI during pregnancy. The conclusion was that all SSRIs (except Paroxetine) were associated with increased risk of cardiac malformation. Notably, Zoloft® was associated with a higher incidence of septal defects. Komum, Jete, Use of Selective Serotonin Reuptake Inhibitors during Early Pregnancy and Risk of Congenital Malformation: Updated analysis, 2 Clinical Epidemiology 29-36 (2010).

FDA Involvement in Zoloft Lawsuit Claims

During the entire time Zoloft® has been on the market in the United States, FDA regulations have required Pfizer to issue stronger warnings whenever reasonable evidence of an association between a serious risk and Zoloft® existed. The regulations specifically state that a causal link need not have been proven to issue the new warnings. Further, the regulations explicitly allowed Pfizer to issue such a warning without prior FDA approval.

Prior to Mother Plaintiffs pregnancy, Pfizer had the knowledge, the means, and the duty to provide the medical community and the consuming public with a stronger warning regarding the association between Zoloft® and congenital birth defects and other related conditions, through all means necessary, including but not limited to, labeling, continuing education, symposiums, posters, sales calls to doctors, and advertisements and promotional materials. Further, based upon the alarming evidence and signals that had been accumulating since the 1990s evidencing and demonstrating a relationship between Zoloft® and birth defects and/or fetal demise, including but not limited to the information known or that should have been known from all animal studies, human studies, case reports, adverse event reports, registries and other available sources, Pfizer had a duty to conduct post-marketing studies to evaluate fully the significance of these studies. Pfizer breached this duty.

Medical Community and Involvement In Zoloft Lawsuit Knowledge

Pfizer had actual knowledge that doctors frequently prescribed Zoloft® to women of childbearing potential for approved uses of the drug and that doctors frequently prescribed Zoloft® to women of childbearing potential for unapproved or off-label uses.

Pfizer failed to disclose adequately the increased risk of congenital birth defects of Zoloft® to the medical community and Plaintiffs. Pfizer was aware that its’ failure to disclose this information to the medical community and Plaintiffs would result in serious injury and/or death to the children or unborn fetus of women who were prescribed Zoloft® by a physician who was not aware of this information. By failing to disclose this information to the medical community and Plaintiffs, Pfizer acted in a willful, wanton, and outrageous manner and with disregard for the rights of Plaintiffs. Pfizer’s conduct caused serious, permanent injuries to Plaintiffs.

Pfizer, its agents, servants, and employees acting in the course and scope of their employment, negligently and carelessly breached their duties to the medical community, Mother Plaintiff’s physicians, and other foreseeable users similarly situated.

Risks Listed in Zoloft Lawsuit

Despite having extensive knowledge of the extreme risks associated with Zoloft®, as well as the absolute duty to properly and adequately warn foreseeable users, Pfizer never approached the FDA to alter the label for Zoloft® so that it property and adequately warned of the risks of birth defects associated with the drug.

The current Zoloft® label still does not warn doctors or patients about the increased risk of malformations, fetal demise, and other birth defects seen in babies whose mothers took Zoloft® during pregnancy.

Comment On Zoloft Lawsuit Subsequent Findings

It may seem exhaustive that the Zoloft Lawsuit at hand mentions much information. The Zoloft Lawsuit will give very detailed information to increase the understanding of the court and to show the backing of knowledge leading to the Zoloft Lawsuit claim. The comments and information are lengthy. We have removed portions due to redundancy in the Zoloft Lawsuit.

Failed to Make Zoloft Lawsuit Plaintiffs Aware of Risk

Despite Pfizer’s longstanding knowledge of the danger of birth defects, Pfizer failed and continues to fail to warn and disclose to consumers that Zoloft® significantly increases the risk of malformations and other birth defects. Furthermore, the proper and effective use of Zoloft® by Mother Plaintiff was impaired due to Pfizer’s failure to warn of Zoloft®’s defects and Pfizer’s failure to properly and adequately set forth such warnings in Zoloft®’ s drug labeling.

Pfizer knew of the dangerous birth defects associated with Zoloft® use during pregnancy from the preclinical studies and the subsequent published studies confirming these risks. Pfizer took no action to properly study Zoloft® or did not properly publish the results of studies it did do, which would have reflected that risk. Pfizer failed to adequately warn or remedy the risks, and instead concealed, suppressed, and failed to disclose the dangers. Even in the face of numerous published studies, Pfizer continues to deny these dangers and will not review its drug labeling.

Design as it Affects the Zoloft Lawsuit

Pfizer designed, produced, manufactured, and injected into the stream of commerce, in the regular course of business, the pharmaceutical drug Zoloft® which it knew would be used by Mother Plaintiff and others.

At the time the Zoloft® was manufactured and sold to Mother Plaintiff by Pfizer, it was defective in design and unreasonably dangerous, subjecting users to risks of fetal malformations, fetal demise, and other birth defects which exceeded the benefits of the product, and for which other safer products were available. Alternatively, when the Zoloft® products were manufactured and sold to Mother Plaintiff by Defendant, the products were defective in design and formulation, making use of products more dangerous than other drugs for similar purposes.

Defects and Negligence Affect Zoloft Lawsuit

Pfizer designed, produced, manufactured, and injected into the stream of commerce, in the regular course of its business, the pharmaceutical drug Zoloft® which it knew would be used by Mother Plaintiff and others.

At the time the Zoloft® was manufactured and sold to Mother Plaintiff by Pfizer, it was defective in design and unreasonably dangerous, subjecting unborn children to risks of fetal malformation, fetal demise, and other birth defects which exceeded the benefits of the product and for which other safer products were available.

Alternatively, when the Zoloft® products were manufactured and sold to Mother Plaintiff by Pfizer, the product was defective in design and formulation, making use of the product more dangerous than other drugs for pain relief.

Comment on Finding a Zoloft Lawsuit Attorney

You can speak to a Zoloft Lawsuit attorney by contacting Best Legal Source. This Zoloft Lawsuit was provided to issue you an example of how an actual Zoloft Lawsuit may appear.

Suppression and Fraud by Zoloft Lawsuit Defendant

Pfizer’s advertising program, by affirmative misrepresentations and omissions, falsely and deceptively sought to create the image and impression that the use of Zoloft® was safe for human use; had no unacceptable side effects; had fewer side effects than other antidepressants; and would not interfere with daily life.

On information and belief, Pfizer purposefully concealed, failed to disclose, misstated, downplayed, and understated the health hazards and risks associated with the use of Zoloft®. Pfizer, through promotional literature, deceived potential users and prescribers of said drug by relying on only allegedly positive information, including testimonials from allegedly satisfied users, and manipulating statistics to suggest widespread acceptability, while concealing, misstating, and downplaying the known adverse and serious health effects. Pfizer falsely and deceptively kept relevant information from potential Zoloft® users and minimized presciber concerns regarding the safety and efficacy of Zoloft®.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray:

a) that process issue according to law;

b) that the Defendant be served with a copy of Plaintiffs’ Complaint and show cause why the prayers for relief requested by Plaintiffs should not be granted;

c) that Plaintiffs be granted a trial by jury in this matter;

d) that the Court enter judgment against the Defendant for all general and compensatory damages allowable to Plaintiffs;

e) that the Court enter judgment against the Defendant for all special damages allowable to Plaintiffs;

f) that the Court enter judgment against the Defendant for all equitable relief allowable to Plaintiffs;

g) that the Court enter judgment against the Defendant for all declaratory relief allowable to Plaintiffs;

h) that the Court enter judgment against the Defendant for all other relief allowable to Plaintiffs;

i) that the Court award Plaintiffs all interest allowable on all damages;

j) that the Court award Plaintiffs the costs and expenses in this litigation, including reasonable attorneys’ fees and expert fees; and

k) that the Court award Plaintiffs such other and further monetary, medical, equitable, and declaratory relief as may be just and proper under the circumstances.

End of Zoloft Lawsuit Segment

The Zoloft Lawsuit and Best Legal Source Assistance

Best Legal Source has the capability of making the process of your Zoloft Lawsuit much easier for you. Calling Best Legal Source will give you the knowledge and connections you need to pursue a solid Zoloft Lawsuit claim.

A Zoloft Lawsuit attorney can be found, on your behalf, if you call (800) 611-7080 or you can fill out the contact form above to be reached electronically. Compensation for your Zoloft Lawsuit is attainable for certain birth defects with the assistance of a knowledgeable Zoloft Lawsuit attorney.

Zoloft Lawsuit Resource Page

Technorati Tags: Zoloft Lawsuit, Zoloft Lawsuits