A woman claims the prescription medication Zoloft is responsible for the death of her daughter. The family is now pursuing a wrongful death lawsuit in a Pennsylvania court, alleging the mother’s ingestion of the drug was responsible for the birth defects that ultimately led to their daughter’s passing. The baby died the day of her birth, suffering from brain malformations and other issues.

The lawsuit against Pfizer claims the woman never should have been prescribed the drug during her pregnancy because of its potential for harm to a fetus exposed to it. It also asserts that the defendants failed to disclose the truth about the drug to federal regulators, the medical community and the general public. The action against the drug company claims wrongful death, Consumer Fraud Act violations and the deprivation of the plaintiff’s family relationship with the deceased daughter.

The lawsuit also claims negligence, fraud, malice and several other accusations against Pfizer. The family is seeking damages for distress, both emotional and mental, their attorney fees and costs of litigation as well as several other monetary amounts. The lawsuit comes three years after the death of their daughter.

Families in Pennsylvania and elsewhere retain the right to litigate a wrongful death claim against those who have harmed loved ones through actions deemed to be negligent. It is never easy for a parent to lose a child, especially after a birth is quickly followed by the death of the baby. A claim won’t change what happened, but a successful result could make the family feel like they have been vindicated against those they claim are responsible for such irreparable harm.

Source: The Pennsylvania Record, “Wisconsin couple files Zoloft wrongful death claim in Phila. federal court,” Jon Campisi, Jan. 4, 2013