FREE CASE EVALUATION: CALL TOLL FREE AT 1-800-632-1404
As attorneys that are accepting case evaluations for women whose children suffered birth defects following the mother’s taking of the drug Effexor during pregnancy, we wanted to advise that a California Federal Judge has remanded an Effexor birth defect action to state court finding that a particular defendant was not shielded from liability for failure to warn of the drug’s risks.
Amanda Hatherly, a California resident, brought a wrongful death action against Pfizer, Inc. and McKesson in California’s Superior Court alleging her child died as a result of a serious birth defect caused by her injection of Effexor while pregnant. The complaint set forth claims of strict liability for the failure to warn, negligence, breach of implied and express warranties, deceit by concealment, negligent misrepresentation, fraud and fraudulent concealment, survival and wrongful death. The action was removed to federal court, and the plaintiff moved to remand.
California law notes that in a product liability action, every supplier in the stream of commerce or chain of distribution for manufacturer to a retailer is potentially liable the Judge added. Pfizer asserted that comment K of the Restatement 2d of Torts relieved McKesson of liability, but the Court disagreed. “Because plaintiffs allege here that proper warning was not given, comment K does not preclude strict liability from McKesson” Judge Shave concluded. The Judge similarly found that the learned intermediary doctrine did not shield McKesson from liability. Even if the learned intermediary doctrine did shield McKesson from liability, it would also shield Pfizer from liability and the Court held no such ruling was appropriate at this juncture. Based upon this development, the Court remanded the case back to state court where it will proceed ahead against Pfizer based upon allegations there was a birth defect caused by the injection of effexor while the mother of the child was pregnant.
If your child was born with a serious birth defect and you took Effexor or Effexor XR during pregnancy, please contact us as soon as possible.
Helping You
If you or a loved one took Effexor and a child was born with birth defects,please fill out the form to the right or call us so that we can provide you with forms to evaluate your potential case immediately.
CALL: 1-800-632-1404
EMAIL: clicking here
FILL OUT THIS FORM FOR A FREE CONSULTATION AND CASE EVALUATION:
NOTE: Our team of attorneys will review potential cases for all fifty states, including Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin and Wyoming.