According to Law360 (1/13/14), the class-action decision was handed down by a Massachusetts federal judge in the lawsuit filed by Missouri parents (case number 1:09-md-02067, in the U.S. District Court for the District of Massachusetts) even though similar allegations made in lawsuits in New York and Illinois were rejected. The judge determined, however, the plaintiffs’ allegations - that they were misled into giving their children Lexapro and Celexa even though the drugs were not approved for use in children - could go ahead under Missouri’s Merchandising Practices Act.
All three sets of lawsuits - from Missouri, New York and Illinois - have been consolidated for multidistrict litigation in Massachusetts federal court. The lawsuits all allege Forest Pharmaceuticals marketed the drugs as safe for children even though they were not approved for pediatric use.
Although it is not illegal for drugs to be prescribed off-label - for uses they are not approved for - it is illegal for drug companies to market medications for off-label uses. Plaintiffs in the lawsuit argue that by not giving parents full information about Lexapro and Celexa - specifically that a clinical trial found the drugs to be no more effective than a placebo in children - Forest Pharmaceuticals denied parents the opportunity to make an informed decision.
While that lawsuit works its way through the system, a lawsuit alleging a baby died of birth defects caused by Lexapro has been filed against Forest Pharmaceuticals. The lawsuit (case number 14-cv-00114 in the U.S. District Court for the District of New Jersey) was filed by Chandra Shuck and claims her daughter, M.M.S., died two weeks after she was born due to birth defects caused by Lexapro, which the baby’s mother took while pregnant.
READ MORE LEXAPRO BIRTH DEFECT LEGAL NEWS
In all, baby M.M.S. had four open-heart surgeries to treat her conditions in her two weeks of life.
The lawsuit alleges that the defendants knew about the risk of cardiac and other birth defects in infants who were exposed to the medications prior to birth, but still marketed the drug for use in pregnant women. Furthermore, the lawsuit claims that because the defendants continued to misrepresent the risks associated with Lexapro, it took the plaintiff longer to discover that Lexapro may have caused her daughter’s serious heart condition.
Among the claims against Forest Pharmaceuticals are wrongful death, defective design and failure to warn.
READER COMMENTS
steve sammons
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Anna
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Ileane OConnell
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Karen Bistodeau
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Very violent, frightening behavior. He was hospitalized for over a week and then sent to jail for his actions (that he has no memory of) while in the mental breakdown.
Very dangerous drug.
Katherine
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Michael
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Jeff Preston
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Billy grose
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Wendy regan
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Andrea Clark
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Also, at the local emergency room, they almost killed me by giving me morphine, I had an allergic reaction to it and then they gave me more, and I went into respiratory failure. They transported me like that to a better hospital to have surgery on my ankle. The second hospital said that I was in respiratory failure and shouldn't have even been transported.
christopher jones
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Pamela Clark
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Amy Haimovitz
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I believe the class action suit alleges the drug is known
To be ineffective for use in children, and causing fatal birth defects, if the mother takes it during pregnancy; rather than it causing adverse effects in children as you describe. Talk to your child's doctor though, because antidepressants, in general, have a reputation for causing mania in bipolar patients. Hallucinations and worsening of behavioral symptoms could be indications of mania. Also, I'm not an attorney, so I can't give legal advice, but I also believe that unless there are permanent damages, you cannot have a
Negligence case (medical malpractice). Behavioral changes that resolve once the drug is discontinued are not considered permanent- they are just adverse effects that should be reported to prescribing doctor. I'm not sure if there are exceptions to that, for example, to cover "pain and suffering".
Please speak to an attorney for that answer.
-just offering friendly input, from someone who has been a
Single mother with emotionally "challenged" children for almost 20 years now.... It's a long, hard road to travel- that's the truth for sure!
Tracy Castor
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