WLF Claims Win In Lexapro Case Dismissal
Washington Legal Foundation (WLF) says the 2nd Circuit Court of Appeals affirmed 7/28 a federal district court’s grant of summary judgment to Forest Pharmaceuticals in a case involving the company’s antidepressant Lexapro (escitalopram). A WLF statement says the decision was a victory for the legal advocacy organization that had filed an amicus brief urging that the lower court decision be upheld.
An earlier WLF press release says the plaintiffs were six women who alleged that using Lexapro while they were pregnant caused their minor children to develop autism spectrum disorder.
“Because plaintiffs adduced no admissible, reliable expert evidence to prove general causation,” WLF says, “the district court granted summary judgment for the manufacturer and dismissed plaintiffs’ claims.”
WLF says it used its brief to rebut plaintiffs’ suggestion that the methodological flaws in their experts’ testimony go to the weight that testimony should be given, rather than to its reliability. The brief also said that relaxing the reliability threshold for expert evidence of causation in pharmaceutical liability cases would significantly harm public health.