Excerpted from HarrisMartin.com, Wednesday, 11 December 2002.

Ingestion of PPA-Containing Product During Pregnancy Caused Child's Developmental Disorder, Suit Alleges

Birmingham, Ala. -- According to plaintfff Teresa Mertens' Nov. 6 complaint, her ingestion of a PPA-containing product during pregnancy caused her son to develop

schizencephaly, a developmental disorder characterized by clefts in the brain's cerebral hemispheres. Shawn G. Mertens and Teresa Mertens, et al., v. Wyeth, Inc., et al., No. CV-02- 2947 (N.D. Ala.).

The suit, which was removed to the U.S. District Court for the District of Northern Alabama on Dec. ???????????? seeks to recover damages for injuries including mental anguish, loss of earning capacity, past and future medical expenses and shortened life expectancy. The plaintiffs are also seeking punitive damages for the manufacturer's alleged reckless conduct, the suit states.

The complaint states that Mertens ingested the PPA-containing product prior to Nov. 6, 2000, the day PPA was removed from the market.

The suit states that Wyeth and four unnamed defendants sold a defective product, misrepresented the dangers associated with PPA, and suppressed information regarding the drug's ability to affect unborn children.

Mertens claims that the defendants can be found liable for damages under the Alabama Extended Manufacturer's Liability Doctrine because PPA is an allegedly dangerous product when used for its intended purpose.

The plaintiffs also claim that Wyeth and four unnamed defendants failed to inform consumers of the dangers associated with PPA when used by pregnant women.

"Defendant suppressed material facts, in that, while under a duty to do so, Defendant failed to advise Plaintiffs that a PPA-containing product could cause damage to an unborn child, resulting in schizencephaly," the plaintiffs allege.

In addition, the Mertens claim that the defendants breached the product's implied warranty of merchantability and fitness.

Wyeth removed the case from the Circuit Court of Jefferson County, Ala., on grounds of diversity jurisdiction and because the amount in controversy exceeded the jurisdictional limit of $75,000.

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Excerpted from HarrisMartin.com, Wednesday, 11 December 2002.