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Written by:
Jeffrey Johnson
Insurance Lawyer
Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
UPDATED: Jul 12, 2023
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Selective serotonin reuptake inhibitors (SSRIs) found in antidepressants such as Prozac, Zoloft, Paxil and others taken by pregnant women have been linked to birth defects such as skeletal defects, neural tube defects and heart defects. Although most SSRIs carry a pregnancy warning, many SSRI birth defect lawsuits allege that those warnings are simply inadequate.
Recent studies on SSRIs given to pregnant women whose child developed a birth defect report that SSRIs allow too much serotonin to remain in the area where the cells of the fetus develop – which can cause birth defects such as:
Birth defect lawyers allege that these birth defects could be avoided with more accurate pregnancy category warnings. The U.S. Food & Drug Administration (FDA) assigns five pregnancy category warnings, A, B, C, D and X – A being the weakest warning and X being the most severe. Most SSRI drugs carry a C or D warning, but an X warning – which states that studies have shown fetal abnormalities and that the risks of the drug outweigh the benefits – is what many SSRI birth defect lawyers allege should be given to these dangerous drugs. The FDA itself has warned about these serious side effects.
Most women won’t ingest anything if there’s a chance that it would harm their child. In fact, many won’t drink caffeinated or alcoholic beverages, smoke or eat certain types of fish in fear of developing mercury poisoning. So, why would a woman choose to take an anti-depressant drug during pregnancy that had the potential of causing an anti-depressant birth defect?
The answer, according to many lawyers , is that they didn’t know about birth defect side effects because they were told by their doctors that these anti-depressants were completely safe or that they were already taking them and shouldn’t stop – regardless of their pregnancy. Although anti-depressants generally carry a warning about the potential side effects on a pregnancy, before adequate warnings came out doctors were under the impression that these drugs were safe. Many women have been misinformed, and have taken anti-depressants without knowledge of the potential for negative side effects.
It is important for any woman taking anti-depressant medication to be aware of its effect on their pregnancy. Some birth defects can develop early in the pregnancy, before a woman is even aware that she is pregnant.
If your child developed a birth defect due to anti-depressant use while you were pregnant, you may have a birth defect lawsuit against one of the manufacturers of products such as Paxil, Effexor, Celexa, Lexapro, Zoloft or Prozac – also known as selective serotonin reuptake inhibitors (SSRIs). In order to investigate an anti-depressant birth defect claim, lawyers need proof that the mother ingested an anti-depressant during the first or third trimesters while they were pregnant. That can come from pharmacy records, medical records or the pill bottle itself. Evidence of the child’s injury is also needed. If you have those two pieces of information, that’s enough to contact a lawyer and begin the process of obtaining all the medical records and having an expert evaluate the case.
The time you have to file an anti-depressant birth defect lawsuit will depend upon the law of an individual state. Some states have a one year statute of limitations; other states have two or three year statutes of limitations, meaning it’s typically one, two or three years from the date of the injury or the date that the parents learned of the injury or the date that the parents link the injury to the medication to file a lawsuit. Regardless of where you life, you should alert an attorney the moment you suspect your child has suffered a birth injury defect as a result of anti-depressants taken during pregnancy. Avoid having a lawsuit dismissed because you took action too late.
The types of damages which might be available to an injured child or his or her parents might include the recovery of past and future medical expenses, compensatory damages, the pain and suffering not only of the child, but of the parents who have to watch their child go through these multiple surgeries. A component of pain and suffering and emotional distress damages would also potentially be sought in these types of SSRI birth defect cases. There is also the potential of punitive damages as a result.
If your child has suffered an SSRI birth defect injury, contact an experienced birth defect lawyer to discuss your situation. Regardless of whether you took Paxil, Effexor, Celexa, Lexapro, Zoloft, Prozac or any other SSRI drug, you and your child may be entitled to compensation for your SSRI birth defect damages. Contact an experienced attorney and get the assistance you need in your legal case.
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Case Study 1: Anti-Depressants Linked To Birth Defects
John’s wife, Sarah, took Zoloft during pregnancy. Their child, Mark, was born with skeletal defects. They discovered that SSRIs like Zoloft can cause birth defects, and now they’re seeking legal help to hold the manufacturer accountable.
Case Study 2: SSRI Pregnancy – Women Unaware of Anti-Depressant Birth Defect Side Effects
Sarah trusted her doctor’s advice and continued taking Prozac while pregnant. She had no idea it could harm her baby. Now, she realizes the importance of knowing the risks and wants justice for Mark’s birth defects.
Case Study 3: Birth Defects Lawsuits and Legal Process
John and Sarah found evidence of Sarah’s Prozac use during pregnancy. With Mark’s medical records in hand, they approached a lawyer for a birth defect lawsuit. They want to ensure justice and secure compensation for their child’s future.
Case Study 4: Damages and Compensation Available
The birth defect caused Mark immense pain, requiring multiple surgeries. John and Sarah seek compensation to cover medical expenses, emotional distress, and Mark’s pain and suffering. They hope to hold the drug manufacturer accountable.
Case Study 5: SSRI Birth Defect Lawyer
John and Sarah consult an experienced birth defect lawyer to fight for justice. They want to ensure that their voices are heard and that Mark receives the compensation he deserves. Legal assistance is crucial in their pursuit of justice.
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