Your case will most likely be brought under the theory of product liability – in other words, that Pfizer put the drug on the market and kept it there without sufficiently prominent warnings even though Zoloft was unreasonably dangerous if used without monitoring the patient for suicidality. Pfizer was aware of the link between Zoloft usage and an increase in suicide attempts; however, they chose to downplay this side effect, even trying to use faulty analysis to “show” that Zoloft was safe and effective. Furthermore, while Zoloft has never been approved for use in children to treat anything other than obsessive-compulsive disorder, Pfizer has maintained that Zoloft is safe and effective for treating pediatric patients suffering from depression. These facts and others will be used by your attorney to help establish product liability on the part of Pfizer.

The doctor who prescribed the Zoloft may be another party to the lawsuit. Medical literature has indicated since 1990 that there is a link between the use of Zoloft and other SSRIs and an increase in suicidal thoughts, gestures, attempts, and completions. Any doctor prescribing Zoloft should have been aware of those studies and should have taken steps to properly monitor the patient who had Zoloft prescribed for him or her. It is possible that the suicide attempt would not have happened if the patient had been adequately monitored.

Another possible plaintiff may be the pharmacist who filled the prescription for Zoloft. The argument here would be that the pharmacist did not properly warn you of the possibility of increased suicidal thoughts, gestures, and possible attempts; however, the pharmacist’s defense is going to be that it was the duty of the doctor to determine whether it was appropriate to prescribe the drug in the first place and to monitor the patient. Therefore, this is not the strongest party to go after in a lawsuit.

Suffered harm from Zoloft? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights. [Sponsored link]