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Judge Dismisses Suit in Lexapro Marketing MDL

A lawsuit filed against Forest Pharmaceuticals has been thrown out, and another had a state law claim trimmed, in the ongoing multidistrict litigation accusing the company of marketing Lexapro and Celexa to children.

A lawsuit filed against Forest Pharmaceuticals has been thrown out, and another had a state law claim trimmed, in the ongoing multidistrict litigation (MDL) accusing the company of marketing Lexapro and Celexa to children, even though the antidepressants had not been approved for that purpose. Both Lexapro and Celexa have been linked to severe congenital heart, lung and cranial birth defects.

Free Lexapro Lawsuit Evaluation: If your child or other loved one was born with a congenital defect after the mother took Lexapro during pregnancy, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against the manufacturer of Lexapro and we can help.

What’s the Problem?

Dec. 14, 2014 – U.S. District Judge Nathaniel M. Gorton ruled today that Allied Services Division Welfare Fund, New Mexico UFCW unions and Employers Health and Welfare Trust Fund knew about Forest’s allegedly illegal marketing of Lexapro and Celexa since at least 2009, and that their March 2014 lawsuit is invalid due to statute of limitations (SOL) concerns.

Although Gorton said there was no reason for the trusted third parties (TTPs) to have discovered their injury in 2005 due to a New York Times article reporting on a clinical study hidden by Forest, they were at least aware of it since the 1st national class action lawsuit was filed in 2009.

The TTPs argued their complaint was tolled until class action certification was denied last year, but Gorton didn’t agree, saying the state claims in that suit were separate from the plaintiff’s Racketeer Influenced and Corrupt Organizations (RICO) Act claims.

State law claims in the Allied lawsuit were also void due to the SOL, Gorton ruled, and the suit was dismissed all together. Another benefit fund, Painters and Allied Trades District Council 82 Health Care Fund, had its Minnesota Deceptive Trade Practices Act claim dismissed for seeking damages on an injunction-only claim. Gorton left Painters’ other claims, including a RICO allegation, intact.

The TPPs claim they would have never reimbursed Forest for Lexapro or Celexa if they had known the FDA had rejected approval of the drugs for use on children. Though Lexapro was later approved for pediatric use, Celexa was never given the same approval. The suit is: In Re: Celexa and Lexapro Marketing and Sales Practices Litigation, case number 1:09-md-02067, in the U.S. District Court for the District of Massachusetts.

Can I File a Lexapro Lawsuit?

Only a qualified attorney can determine whether you are eligible to file a lawsuit against Forest Laboratories, the maker of Lexapro, which is why we are currently offering free case evaluations. Simply fill out the confidential evaluation form below to contact our law firm now.

Most cases involving pharmaceuticals allege that a drug was sold with design, manufacturing, and/or marketing defects, which typically refers to a company’s failure to warn of a certain side effect. In the case of Lexapro, our attorneys suspect that patients may be able to take legal action in light of claims that Forest failed to adequately warn doctors and patients about the risk of birth defects.

How Can Filing a Lawsuit Help Me?

By filing a lawsuit against the maker of Lexapro, you may be entitled to collect compensation for all current and future medical expenses related to the treatment of your child’s birth defect, as well as for damages for pain and suffering. Additionally, filing a lawsuit can help hold the drug’s manufacturer accountable for releasing an allegedly defective drug into the marketplace, and to discourage other pharmaceutical companies from engaging in similar conduct.

Do I Have a Lexapro Lawsuit?

The Product Liability & Defective Drug Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Lexapro Lawsuits. We are handling individual litigation nationwide and currently accepting new Lexapro birth defects cases in all 50 states.

Free Lexapro Lawsuit Evaluation: Again, if your child or other loved one was born with birth defects after the mother took Lexapro in pregnancy, you should contact our law firm immediately. You may be entitled to compensation by filing a Lexapro Suit and we can help.

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