Terbutaline is a medication for asthma that was prescribed off-label frequently to women between 2002 and 2011 to keep them from going into labor prematurely. Plaintiffs argue that Novartis knew about the risk of autism associated with Terbutaline and in utero fetuses, but the manufacturer neglected to warn anyone.
Studies have shown that the use of Terbutaline by pregnant women is linked to the development of serious birth defects and injuries in newborn children, including:
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If you or a loved one were prescribed Terbutaline during pregnancy to prevent premature labor, find a Terbutaline lawyer to find out about how you can receive the compensation you deserve for injuries caused to your children.
After a 2017 ruling by the California Supreme Court, anyone prescribed the drug Brethine (generic name Terbutaline) during pregnancy to prevent premature labor can sue Novartis, one of the drug’s manufacturers. This drug may be linked with cases of autism.
It took nearly a decade for Novartis to update the label to include the necessary warning after they learned of the associated risks — the label wasn’t changed until after the FDA stepped in to mandate stronger warnings against the use of Terbutaline with pregnant women.
The amount of women who took the drug, unaware of the dangers it posed, is believed to be in the thousands, and it may be liable for a significant amount of injuries to children.
The key case in the Terbutaline autism lawsuit (T. H. v. Novartis Pharms. Corp.) involved fraternal twins who both developed autism — experts say that the likelihood of both twins being born with autism would have been incredibly low without a harmful chemical present.
Due to the 2017 California Supreme Court decision, Novartis can be found liable not only for cases involving the brand name version of Terbutaline that they manufactured (Brethine), but also for cases where expecting mothers took the generic form of the drug.
As a result, even though Novartis stopped manufacturing Terbutaline and sold the product to another manufacturer before the FDA warned against the drug’s off-label use, the company can still be held liable for the inadequate warning labels on generic versions of the drug, even if they were not produced by Novartis.
In the case involving the fraternal twins, Novartis had argued that it stopped selling Terbutaline six years before the plaintiffs’ mother had taken it, but the court rejected their argument, due to evidence they were aware of the potential dangers of the drug before they sold the brand in 2001.
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