Compensation for Zoloft Birth Defects | Zoloft Side Effects

Legal Remedies for Zoloft Side Effects In Newborns

Staff Writer | July 13th, 2012

Parents whose children may have been injured in utero by the antidepressant Zoloft may be unsure about whether compensation for Zoloft birth defects is available, and if so, how the process of achieving just compensation works. In the U.S., the legal system remains the primary means by which injured persons can recover damages from the responsible parties. The process begins by filing a lawsuit and setting forth the particular injuries suffered so that compensation can be measured and awarded.

Measuring compensation for Zoloft birth defects

Whether a child achieves compensation through a complete legal proceeding (such as a trial and jury verdict), or a settlement in lieu of litigation, the factors considered will likely be similar. In a personal injury lawsuit, the goal of damage awards is to return the injured party (the plaintiff) to the position he or she would have been in but for the injury. If, for example, an individual is 30% impaired by an injury, the jury would determine the monetary value for that 30% and award the appropriate amount.

In the effort to make a plaintiff “whole,” both past and future losses are considered. Past losses, such as medical expenses already paid, can be readily quantified. Future losses, such as future medical expenses, can only be estimated. Common categories of damages that may be considered in Zoloft side effects litigation include:

  • Past and future medical expenses
  • Past and future wage losses
  • Out-of-pocket expenses (such as travel for medical care)
  • Disability
  • Pain and suffering

In addition to these compensatory damages, designed to make a plaintiff whole, there are also damages that can apply if the defendant has behaved in a shocking or extremely reckless manner. These damages, known as punitive or exemplary damages, are designed to punish the defendant and remove the incentive for reckless behavior.

Compensable Zoloft side effects

Zoloft (sertraline) is an antidepressant medication of the type known as selective serotonin reuptake inhibitors, or “SSRIs.” A developing infant exposed to sertraline in the womb may be born with a range of debilitating conditions such as heart problems, persistent pulmonary hypertension (Zoloft PPHN), skeletal deformations, and other permanent developmental injuries.

Parents of injured children are entitled to file a lawsuit against Pfizer, the drug’s manufacturer, for compensatory and even punitive damages.