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When Should I File a Lawsuit Against a Drug Manufacturer or Physician?

Steve Wagner

The recent onslaught of lawsuits against drug companies alleging that antidepressant drugs caused serious injury and even death to newborn babies brings to the spotlight issues related to defective drugs.

Studies conclude that women consuming Zoloft, a sertraline, during their first few months of pregnancy, are twice at risk of having a baby with heart defects compared to pregnant women who do not consume Zoloft. Pregnant women consuming a paroxetine, such as Paxil, are at three times the risk of having a baby with heart diseases compared to women who do not consume paroxetine. Pregnant women who consume paroxetine are also at risk of omphalocele, a rare type of hernia.

All prescription drugs sold in the United States are authorized by the Food and Drug Administration (FDA). The FDA makes a decision after reviewing the extensive documentation related to the development of the drug, including the various clinical trials that the drug has undergone over the years while in research and development. The FDA does not oversee the safety and efficacy of over-the-counter medications, and the responsibility for the same rests solely with a drug manufacturer.

In any case, the clinical trials, which constitute the basis on which the FDA deems drugs as safe, are limited in scope as they only involve a representative sample. There have been many instances in the past when dangerous side effects associated with drugs have come to light after the FDA issued the drug license, and the public at large started consuming the drugs. Companies have recalled hundreds drugs from pharmacy shelves and doled out millions in compensation to unfortunate victims who developed serious injuries by consuming these drugs.

If you happen to be among the unfortunate ones who consumed drugs such as Zoloft and Paxil and delivered babies with defects, you can sue the drug manufacturers for damages under the relevant personal injury or wrongful death statutes. Your lawsuit against a drug manufacturer will hold even if the drug in question has FDA approval, as long as we can prove that the drug was released without necessary safeguards to protect the consumers from harmful side-effects or that the manufacturer failed to warn the public of the potential dangers associated with consuming the drug. There is also scope to press charges against a physician or pharmacist for prescribing the drug while disregarding manufacturers’ warnings.

The birth injury and defective drug injury lawyers at Wagner Reese are the right choice to represent you in your quest for seeking damages from those responsible for your suffering. Contact us today at (888) 204-8440 for a free consultation.


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