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Zoloft Injury Attorney Ed Wallis has reported that a federal judge has excluded an expert witness for those injured due to Zoloft, but Mr. Wallis is still accepting cases for Zoloft, Wellbutrin and Zyban birth defects.
The plaintiffs (who allege Zoloft caused birth defects in unborn children) in an MDL proceeding in Pennsylvania federal district court offered Dr. Anick Bėrard, an epidemiologist, as an expert regarding general causation. In re Zoloft, __ F.Supp.3d __, 2015 WL 314149 (E.D. Pa.). In June 2014, the court excluded Dr. Bėrard’s testimony for several reasons, “including her inattention to the principles of replication and statistical significance, her use of certain principles and methods without demonstrating either that they are recognized by her scientific community or that they should otherwise be considered scientifically valid, . . . and Dr. Bėrard’s failure to reconcile her currently expressed opinions with her prior opinions and her published, peer-reviewed research.” Id. at *1.
The plaintiffs filed a motion for reconsideration, contending the court erred by excluding “a general causation expert for drawing conclusions about causation in the absence of replicated, statistically significant associations.” Id. at *1.
The court denied the plaintiffs’ motion because the court did not hold that there is any such requirement. “Rather, the court set forth its factual findings that epidemiologists, such as Dr. Bėrard, who are examining potential teratogens generally will not draw causal conclusions in the absence of replicated statistically significant findings and application of the Bradford-Hill criteria.” Id. at *2. The Bradford-Hill criteria are well-established causation criteria used by epidemiologists.” Id. at *2.
The court considered statistical significance to be one important indicator of reliable methodology, and then assessed Dr. Bėrard’s methodology under Daubert. Id. at *2. The court concluded that Dr. Bėrard’s methodology did not satisfy Daubert and excluded her opinions.
Despite this setback for injured persons, we remain willing to discuss birth defects associated with Zoloft, Zyban, or Wellbutrin. If you or a loved one took Zoloft during pregnancy and a child was born with a birth defect, please contact us.
Contact Zoloft Lawyer for Birth Defect Lawsuit
Parents and children who have suffered from injuries, losses, and disability due to Zoloft side effects have the right to seek compensation for economic and non-economic damages from the drug manufacturer. To know about the process for filing Zoloft birth defect lawsuit and pursue defective medical device product liability claims citing drug maker’s actions and inactions, please contact us or call on 1-800-632-1404 to talk to an experienced Zoloft lawyer.
If your child was born with a birth defect and you or a loved one took Zoloft during the first trimester or pregnancy, please contact us immediately.
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