In re Zoloft (Sertraline Hydrochloride) Products Liability Litigation

26 F. Supp. 3d 449, 2014 WL 2921648
CourtDistrict Court, E.D. Pennsylvania
DecidedJune 27, 2014
DocketMDL No. 2342; No. 12-md-2342
StatusPublished
Cited by21 cases

This text of 26 F. Supp. 3d 449 (In re Zoloft (Sertraline Hydrochloride) Products Liability Litigation) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Zoloft (Sertraline Hydrochloride) Products Liability Litigation, 26 F. Supp. 3d 449, 2014 WL 2921648 (E.D. Pa. 2014).

Opinion

MEMORANDUM OPINION

, RUFE, District Judge.

Plaintiffs in this multi-district litigation (MDL 2842) allege that the antidepressant Zoloft, when taken during pregnancy, caused birth defects in the children born to exposed mothers. The Plaintiffs’ Steering Committee (“PSC”) in MDL 2342 proposes to offer the testimony of various expert witnesses on the issue of general causation. These expert witnesses include Anick Bérard, a perinatal pharmacoepide-miologist, who holds a Ph.D. in Epidemiology and Biostatistics from McGill University, and who teaches at the Université de Montréal. Dr. Bérard has conducted research on the effect of drugs, including antidepressants, on human fetal development, and opines that Zoloft, when used at therapeutic dose levels during human pregnancy, is capable of causing a range of birth defects (i.e., is a teratogen).1

Before the Court is the Motion to Exclude the Testimony of Dr. Bérard, filed by Defendants Pfizer Inc. and Greenstone LLC (“Defendants” or “Pfizer”). Pfizer does not challenge Dr. Bérard’s academic qualifications, but argues that unreliable methods and principles were used to reach her conclusion that Zoloft may cause birth defects in the children of exposed mothers. The Court has reviewed Dr. Bérard’s report, as well as Defendants’ rebuttal expert reports and the briefs of the parties, and held a Daubert hearing at which testimony and evidence were presented in support of each position.

I. STANDARD OF REVIEW

Federal Rule of Evidence 702 reads:

A witness who is qualified as an expert by knowledge, skill, experience, training, [452]*452or education may testify in the form of an opinion or otherwise if:
(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert has reliably applied the principles and methods to the facts of the case.

The Third Circuit has distilled this rule to two essential inquiries: 1) is the proffered expert qualified to express an expert opinion; and 2) is the expert opinion reliable?2 With regard to Dr. Bérard, Pfizer challenges the reliability of the opinions.

Under the Third Circuit’s framework, the focus of the Court’s inquiry must be on the experts’ methods, not their conclusions. Therefore, the fact that Plaintiffs’ experts and Defendants’ experts reach different conclusions does not factor into the Court’s-assessment of the reliability of their methods.3 The experts must use good grounds to reach their conclusions, but not necessarily the best grounds or unflawed methods.4

Here, the scientific question that Dr. Bérard has been asked to address is whether she believes that Zoloft may cause birth defects in children born to exposed mothers, to a reasonable degree of scientific certainty. To meet the Daubert standard, she must demonstrate that she has good grounds for her causation opinion (i.e., the opinion is based on methods and procedures of science, not subjective belief) and a reasonable degree of scientific certainty regarding her causation opinion.5

Expert evidence must be relevant and reliable to be admissible. The Court must consider: 1) whether the expert’s theory can be tested; 2) whether studies have been subject to peer review and publication; 8) the potential for error in a technique used; and 4) the degree to which a technique or theory (but not necessarily a conclusion) is generally accepted in the scientific community.6 The burden is on Plaintiffs to demonstrate that Dr. Bérard used reliable scientific methods to reach her opinions.

II. BaCKGRound

Zoloft is a prescription antidepressant, commonly used to treat depression, anxiety, and other mental health conditions. The active ingredient in Zoloft is sertra-line. Zoloft is one of a class of drugs known, as selective serotonin reuptake inhibitors (SSRIs). Serotonin is a neurotransmitter produced endogenously by humans and other animals. The SSRIs do not contain serotonin; rather, they alter the availability in the nervous system of the serotonin produced by the body. The [453]*453FDA categorizes Zoloft as a Pregnancy Category C drug.7

The parties agree that birth defects, including every type of birth defect alleged in this litigation, have occurred throughout history. For example, major congenital heart defects, which are among the most prevalent birth defects, occur in as many as 1% of live births. Expanding the scope to include all cardiac defects, one finds an incidence of approximately 7.5% of live births. Although some birth defects are caused by known genetic sources or environmental agents (such as certain viruses, radiation exposure, or teratogenic medications), most are due to currently unknown causes. Teratology is the scientific field which deals with the cause and prevention of birth defects.

Where plaintiffs allege that a medication, such as Zoloft, is a teratogen, it is common to put forth experts whose opinions are based upon epidemiological evidence. Although the “gold standard” for epidemiological studies is the double-blind, randomized control trial, such studies may not ethically be conducted on pregnant women. Therefore, in this context, epidemiologists must rely upon observational evidence.

Epidemiological studies examining the effects of medication taken during pregnancy on birth defects calculate a relative risk (RR) or odds ratio (OR).8 Simply speaking, these ratios are calculated by dividing the risk or odds of a particular birth defect in children born to medication users (exposed women)9 by the risk or odds of finding that birth defect in children born without prenatal exposure.10 Where the incidence of birth defects is approximately the same in medication-exposéd and unexposed women, the RR or OR value will be close to one. The RR or OR is “interpreted as the increase in the risk of the outcome (congenital malformation) associated with the exposure of interest (SSRI) that is above and beyond the baseline risk.”11

Researchers often statistically control for certain suspected and measurable confounding factors (e.g., factors such as ma[454]*454ternal age, weight, smoking, alcohol use, folic acid use, etc., which are correlated with exposure to the medication, and which may themselves contribute to an increased risk of the birth defect at issue), when information about those factors is available in the data set. When this is done, the researchers will report an “adjusted” ratio. The authors of the studies the Court has reviewed rely upon adjusted ratios, where available, when drawing conclusions.

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Cite This Page — Counsel Stack

Bluebook (online)
26 F. Supp. 3d 449, 2014 WL 2921648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-zoloft-sertraline-hydrochloride-products-liability-litigation-paed-2014.