The longstanding concerns about the link between antidepressants and birth defects have dominated airwaves for years, but experts want the public to know that there is still time to file lawsuits.
Paxil and other SSRIs (Selective Serotonin Reuptake Inhibitors) such as Zoloft, Celexa, Prozac, and Lexapro have come under fire for suspicion of endangering unborn children. SSRIs were not contraindicated for pregnant women, but researchers in the United States and Europe have found correlations between the drugs and severe birth defects like club foot, heart and lung problems, brain and spinal defects (spina bifida), abdominal defects, and skull deformities. Surgery to remedy these deformities, if possible, can be extremely invasive and sometimes fatal. And correctable or not, these defects and procedures weigh negatively on quality of life, finances, and wellbeing for affected children and their families.
Pfizer’s Zoloft, released in 1991, is the most popular antidepressant in the world, with over 100 million prescriptions. GlaxoSmithKline’s Paxil generated about 37 million prescriptions in 2002 alone. With the numbers as they are, and the infrequency of initial warnings about SSRIs and pregnancy, experts believe millions of children could be suffering birth defects linked to prenatal antidepressant exposure. The small percentage of parents who have filed lawsuits have encountered some difficulty in reaching a settlement.
Faith Gibson of Vancouver, B.C. sued GlaxoSmithKline in 2008 over her child’s heart defect. Six-year-old Meah Gibson was born with a hole in her heart. She stayed in the hospital seven months and underwent surgery to repair the problem. During Meah’s hospital stay, the United States Federal Drug Administration publicized an increased risk of cardiovascular birth defects in children of Paxil patients. Gibson attests GlaxoSmithKline could have known about this risk as early as June of 2003, and thus endangered millions of people unnecessarily by failing to recall the drug at the time of this discovery. The company sought to obtain Gibson’s medical records for as long as two years before she began taking Paxil, but it was determined that since they have not yet filed a defense, they are not allowed access until certification.
Gibson’s pending class-action lawsuit is the only one of its kind in Canada, so if it is able to move forward it could be groundbreaking for mothers and children across the country. There is no such lawsuit currently active in the United States, so parents looking to pursue legal action will need to enlist the help of private lawyers. Experts recommend only working with lawyers who have substantial drug injury experience and a proven ability to fight large drug companies, to ensure cases can actually move forward in court. A July 2010 article in Bloomberg reported that GlaxoSmithKline has spent almost $1 billion to resolve family lawsuits, with an average settlement of $11.2 million in around 800 cases so far. The time patients have to file a claim varies by state, so it’s important to seek legal action as soon as possible if it’s being considered.
