Selective Serotonin Reuptake Inhibitors (SSRIs) are commonly prescribed to treat depression, anxiety disorders, and personality disorders. They work by changing the levels of serotonin, which are chemicals in the body that enhance mood. SSRIs include Prozac, Paxil, Lexapro, Wellbutrin, Zoloft, and Luvox. It has been estimated by researchers at the University of Pittsburgh that in any given year more than 80,000 women in the U.S. are prescribed SSRIs. However, our SSRI antidepressant lawyers know that many patients have complained that drug manufacturers failed to provide warnings to pregnant women about the possibility of birth defects, such as cleft lip, limb deformities, heart defects, persistent pulmonary hypertension of the newborn, skull defects, and genital defects. If you or your child was harmed because of using SSRI antidepressants or another dangerous drug during pregnancy, the product liability attorneys at Moll Law Group are available to represent you in a claim for compensation. Billions of dollars have been recovered in cases in which we were involved.
The most common claim made by women who used SSRI antidepressants during pregnancy and bore children with birth defects is that they were not warned of the risks. Many victims may wonder how they could be hurt by a drug that was approved by the FDA. However, FDA approval does not absolutely guarantee safety for patients. Drug manufacturers are responsible for keeping up with the effects of their products in the marketplace after they are released. This includes keeping track of serious adverse side effects and issuing warnings, or even recalls as necessary.
A failure to warn is a marketing defect for which a manufacturer may be held strictly liable. In most states, you will need to show that the manufacturer failed to warn of a particular side effect and that you were injured by that side effect. For example, if you were prescribed antidepressants during pregnancy and were not warned of the potential risk to the fetus, you may have grounds for bringing a claim with the assistance of an SSRI antidepressant lawyer.
However, if a product is used in a foreseeable manner by a consumer and causes an injury, but the manufacturer has provided adequate warnings about adverse side effects, a consumer likely will not be able to seek damages. In other words, if your doctor advised you that there was a possibility of birth defects, but there was also a risk to the fetus from maternal depression, and you still chose to take SSRIs, you may not have a claim.
Most pharmaceutical manufacturers do not communicate directly with patients. Accordingly, most states have adopted the learned intermediary doctrine. This doctrine allows manufacturers to discharge their duty to warn by warning doctors. Medical professionals are believed to be in the best position to assess the risk of harm to a particular patient, in light of all the factors. For example, the risk of harm to a pregnant woman and her fetus due to severe depression and panic attacks may be so significant that a particular pregnant patient may need to be on SSRIs in spite of the risks.
If your baby suffered birth defects because you used SSRI antidepressants during pregnancy, the product liability lawyers at Moll Law Group are available to represent you in pursuing compensation. We assist injured consumers nationwide, including in states such as California, Florida, New York, Texas, Pennsylvania, Ohio, and Georgia. Call us at 312-462-1700 or use our online form to set up a free consultation with an SSRI antidepressant attorney.