A lawsuit filed on behalf of 21 children born with defects to mother who were prescribed Zoloft during the pregnancy, has been ordered back to St. Louis Circuit Court after being removed to federal court by Zoloft maker Pfizer.
Zoloft is a selective serotonin reuptake inhibitors (SSRIs) which has been linked to severe birth defects of babies born to mothers who took the drug during pregnancy. The lawsuit claims that Pfizer knew or should have known that the drug increased the risk of congenital birth defects, and failed to warn physicians and consumers about the danger.
The lawsuit was originally filed on February 2 in St. Louis Circuit Court. On March 8, despite plaintiff opposition, Pfizer removed the case to federal court under allegations that diversity of citizenship existed between the defendant and plaintiffs.
On April 4, 2012, U.S. District Judge Carol E. Jackson ruled that the federal court did not have jurisdiction over the lawsuit and granted a motion by the plaintiffs to remand and send the class action lawsuit back to St. Louis Circuit Court.
The class action seeks punitive and actual damages and alleges negligence, negligence of pharmacovigilance, strict liability, negligent design, fraud, and failure to warn.