Paxil & Zoloft Birth Injury Damages: Make Sure You Are Adequately Compensate

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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Mothers who took the antidepressant drugs Paxil and Zoloft while pregnant and had children with birth defects know all too well the heartache – and significant medical bills – that can result from these often unnecessary birth injuries. Our legal expert explains what types of damages are available in Paxil and Zoloft birth injury lawsuits and how to make sure that you are adequately compensated.

Paxil Birth Defect Attorney Bryan Aylstock

Bryan Aylstock, a Florida attorney whose practice represents parents and their children who have suffered birth defect injuries due to SSRI (selective serotonin reuptake inhibitor) drugs such as Paxil and Zoloft, explained what types of damages are available in a lawsuit involving injuries due to Paxil use:

First and foremost, most of these cases involve significant medical bills. Surgeries have to be performed to correct a lot of these defects; sometimes maybe five or six heart surgeries are needed throughout a child’s life when a heart defect arises – and in some cases even a heart transplant. Those surgeries don’t come cheap.

The doctors who perform these surgeries do tremendous work and they’re very specialized. However, sometimes they’re in medical centers many hundreds of miles away from where the child and the parents live and there are expenses related to that. Damages for surgeries, travel expenses, recuperative care and for rehabilitation are all available under just about every state’s law.

Pain & suffering can be tremendous; earning capacity may be affected

In addition, Aylstock says that the pain and suffering of a child with a birth defect can be tremendous, particularly if it’s a cosmetic issue where the child may have to live with a condition that makes him or her just look different than other children growing up – and that we all know how that can hurt a child when they’re teased by other children.

He explained how the future impact of some of these defects would also bleed into the earning capacity of a child.

If the child has a defect that would cause delayed learning or a learning disability, that can add up to millions of dollars over the course of a lifetime. Life care plans that take the child’s lost earnings and future medical bills into account can be created to to take care of the child for the rest of his or her life.

Parents may have their own claim

Parents also have a claim in most states – not only for their out of pocket expenses, but for their pain and suffering and their loss of consortium with their child, according to Aylstock. “That’s particularly true in a wrongful death type situation and is likely to be a very large component of the damages. The grief that they’ve had to suffer in losing a child to a birth defect is just tremendous.”

The foregoing article has been prepared by an attorney who is a regular contributor to FreeAdvice, and is now undergoing review by the site’s editorial staff.

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