Lawsuit claims baby's congenital birth defects linked to mother's use of Zoloft
NEW ORLEANS - Claiming their baby was born with congenital birth defects as a result of the mother's ingestion of Zoloft, Joseph A. Mitchell and Meg L. Mitchell, individually and as parents and natural guardians of A.M., a minor child, filed a lawsuit against Pfizer Inc.
The Mitchells claim that if they would have been aware of the defects contained in Zoloft, they would not have purchased or ingested the drug.
The parents claim that Pfizer should have known that children were being born with congenital birth defects, malformations and other related conditions, that the drug poses a risk to a developing fetus, and that the drug increases risks of heart defects, persistent pulmonary hypertension of the newborn.
The defendant is allegedly liable pursuant to the Louisiana Products Liability Act for the construction and composition of the drug, design of the drug, lack of accurate warnings, and for not conforming to an express warranty. Pfizer is also accused of violating the Warranty of Redhibition.
The plaintiffs are asking for an award of damages for mental anguish, emotional distress, loss of consortium, companionship, service and society, return of any purchase price paid, interest, attorney's fees and court costs.
They are represented by James R. Dugan II, Douglas R. Plymale, David Franco and Kevin Oufnac of The Dugan Law Firm in New Orleans and Roderick "Rico" Alvendia and J. Bart Kelly III of Alvendia, Kelly & Demarest in New Orleans.
The lawsuit was filed on Jan. 30 in federal court in New Orleans.
A jury trial is requested.
U.S. District Judge Lance M. Africk is assigned to the case.
Case No. 2:12-cv-00306