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What is a pharmaceutical claim?

A pharmaceutical claim is a type of product liability claim in which a person is injured as the result of taking a medication or using a pharmaceutical product.  When a drug is prescribed by a doctor, it is usually assumed that the medicine will help treat a medical condition or aid in recovery from illness. Unfortunately, some drugs have dangerous side effects which can be serious or even life-threatening.

What is a product liability claim involving Zoloft?

A product liability or defective product claim for Zoloft is based on the following:

  1. There was a duty of care owed by the Zoloft manufacturer to warn of dangers associated with the product's expected and normal use;
  2. There was a failure in the duty of care owed by the Zoloft manufacturer; and
  3. The failure resulted in an injury related to the use of Zoloft.
Isn't Zoloft safe since it was approved by the FDA?

During the development of a prescription drug, testing is conducted to make sure the drug does not have dangerous side effects.  Even if certain side effects are found to exist, the U.S. Food and Drug Administration (FDA) may still approve the drug as long as the dangerous side effects do not occur too often.

Once a drug is released into the marketplace and a large number of people begin to use it, we sometimes discover that the occurrence of dangerous side effects is more prevalent than originally thought during the FDA approval process.  Approval by the FDA does not by itself mean any particular drug is safe.

Must I prove that Zoloft caused my infant's injuries?

Yes.  To prevail on a product liability claim, one must also show that the defective product (i.e., Zoloft) was the cause of one's injury and the injured person sustained compensatory damages such as medical bills, lost wages, etc.

Help If Your Child Has Been Injured By Zoloft

Many infants have suffered injuries due to Zoloft side effects.  At O'Hanlon, McCollom & Demerath, our product liability attorneys understand that your child's injuries may be the result of a defective drug.  If you suspect your child has a birth defect related to Zoloft, please contact us immediately to discuss your case.

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