On September 14, 2022, WLF asked the Second Circuit to affirm a federal trial court’s grant of summary judgment in favor of a pharmaceutical manufacturer. The appeal arises from a lawsuit over the FDA-approved drug Lexapro®, an antidepressant therapy in the class of selective serotonin reuptake inhibitors (SSRIs). Plaintiffs are six women who allege that using Lexapro® while pregnant ultimately caused their minor children to develop autism spectrum disorder. Because Plaintiffs adduced no admissible, reliable expert evidence to prove general causation, the district court granted summary judgment for the manufacturer and dismissed Plaintiffs’ claims. In its amicus brief supporting affirmance, WLF rebuts the suggestion that the flaws in Plaintiffs’ experts’ testimony go to the weight that testimony should be given, rather than to its reliability. WLF’s brief also  explains why relaxing the reliability threshold for expert evidence of causation in pharmaceutical-liability cases would significantly harm public health.

Documents

WLF amicus brief