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A federal judge has certified a class action lawsuit accusing Forest Pharmaceuticals and Forest Laboratories of illegally promoting the antidepressants Celexa and Lexapro for use in children, reversing an earlier decision issued this time last year.
On Jan. 10, U.S. District Judge National M. Gorton ruled that plaintiffs sufficiently pleaded claims that Forest violated the Missouri Merchandising Practices Act by misrepresenting and concealing material information about the drugs’ efficacy in treating major depressive disorder in pediatric patients.
Plaintiffs allege that clinical trials of Celexa and Lexapro indicated that the antidepressants “are no more effective clinically than a sugar pill. The clinical trials show that any perceived benefit pediatric patients receive from taking Celexa or Lexapro in treating their depression is primarily explained by the placebo effect—the perceived efficacy of a drug based upon one’s belief that the drug works.”
In February 2013, Judge Gorton denied certification to the Celexa and Lexapro class action lawsuit on behalf of a nationwide class of consumers and third-party payors. Plaintiffs filed an amended complaint seeking to represent purchasers in Missouri, Illinois and New York.
In his Jan. 10 order, Judge Gorton denied certification of the Illinois and New York classes, but agreed to certify a class of Missouri purchasers between July 2001 (for Celexa) and August 2002 (Lexapro) based on claims brought forth under the MMPA. The MMPA prohibits companies from taking part in any kind of false advertising or misrepresentation on any of their products.
“The crux of [Plaintiffs’] theory is that Forest deprived consumers of the ability to make an informed decision about whether to purchase or prescribe Celexa or Lexapro for their children by withholding information about the negative efficacy studies and engaging in an aggressive marketing campaign designed to mislead consumers and physicians,” the court ruling said.
The plaintiffs in this case are represented by the law firms: Baum, Hedlund, Aristei & Goldman, PC and Pendley, Baudin & Coffin LLP.
The Celexa and Lexapro Class Action Lawsuit is In re: Celexa and Lexapro Marketing Sales Practices Litigation, MDL No. 09-2067, U.S. District Court for the District of Massachusetts.
If you were prescribed Celexa or Lexapro during pregnancy and subsequently have birth to a child with a birth defect, you may have a legal claim. Visit the SSRI Antidepressant Birth Defect Class Action Lawsuit Investigation for more details. Compensation specialists are standing by to review your claims for free.
UPDATE: The parties in the Pediatric Celexa/Lexapro MDL have agreed to a class action settlement that could be worth up to $10.4 million.
UPDATE 2: Instructions on how to file a claim for the Celexa/Lexapro class action settlement are now available! Click here or visit www.Pediatric-Antidepressant-MissouriSettlement.com for details.
UPDATE 3: On June 27, 2016, Top Class Actions viewers who submitted timely and valid claims for the pediatric Celexa, Lexapro settlement began receiving checks worth as much as $2,800.
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5 thoughts onJudge Certifies Pediatric Celexa, Lexapro Class Action Lawsuit
Is it too late to make a claim?
UPDATE 2: On June 27, 2016, Top Class Actions viewers who submitted timely and valid claims for the pediatric Celexa, Lexapro settlement began receiving checks worth as much as $2,800.
Has anyone got an update as to what is going on in this case? There has not been anything on their website. When will the checks be distributed? Can anyone post anything to update us on what is going on.
UPDATE 2: Instructions on how to file a claim for the Celexa/Lexapro class action settlement are now available! Click here or visit http://www.Pediatric-Antidepressant-MissouriSettlement.com for details.
UPDATE: The parties in the Pediatric Celexa/Lexapro MDL have agreed to a class action settlement that could be worth up to $10.4 million.
More info: http://topclassactions.com/lawsuit-settlements/lawsuit-news/20880-10m-class-action-settlement-reached-pediatric-celexa-lexapro-mdl/