Individuals have the opportunity to file all types of product liability lawsuits. One particular kind of product liability cases arises from alleged harmful pharmaceutical drugs.
These cases involve patients who claim to have suffered damages as a result of a particular drug. Often, when one case is initiated, similar cases follow. When related cases begin to pop up, they are usually consolidated for the purposes of litigation to make the cases more manageable for both the pharmaceutical company being sued as well as the different plaintiffs involved in the litigation.
Product liability lawsuits involving the drug Zoloft recently filed this procedure. They were consolidated at the Eastern District of Pennsylvania in Philadelphia.
One mother decided to join in the consolidated case, recently filing another complaint at the end of October. The mother used Zoloft during her pregnancy. She claims that the drug caused defects to her child's skull. She further alleges that if she had been warned of the drug's potential impacts on pregnancy, she would not have taken the drug. The mother claims she never received such warnings, however.
The mother has named Pfizer and its affiliates in the lawsuit. The defendants disagree with the mother's position, arguing that the drug lists accurate medical information, including its risks and impacts on pregnancy.
Pharmaceutical product liability cases raise interesting, complicated issues. No one doubts that medications all carry certain risks. However, drug makers still have certain responsibilities under the law. They must make medications reasonably safe and disclose to the medical field as well as the public the risks associations with such medications.
It can sometimes be difficult to identify whether a drug manufacturer has breached these duties. Meeting with a Pennsylvania product liability attorney can help shed light on whether there may be a possible case based on the law. In addition to helping navigate the legal system, they can also help determine whether there are existing, related cases of which a plaintiff can become a part.
Source: pennrecord.com, "Infant's skull deformation blamed on Zoloft ingestion by pregnant woman," Jon Campisi, Oct. 30, 2013