Evidence-Based Reviews

Antidepressant use during pregnancy: How to avoid clinical and legal pitfalls

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References

Table 2

Potential concerns when treating pregnant women with psychotropics

Miscarriage (spontaneous abortion)
Malformation (teratogenesis)
Preterm delivery
Perinatal syndrome (toxicity or withdrawal in neonate; usually self-limited and related to serotonin overstimulation or withdrawal; symptoms may include disrupted sleep irritability jitteriness or abnormal breathing)
Behavioral teratogenesis (later behavioral problems in child eg lower IQ developmental delays or autism)
Lactation compatibility or plans to bottle-feed
Source: References 6,7

The basis of class-action lawsuits

Interest in class-action lawsuits involving birth defects and antidepressants, particularly sertraline, appears to be increasing. Many websites advertising these lawsuits quote unnamed articles from reputable medical journals to support the claim that the medications are dangerous and cause a wide range of birth defects. Although some of the birth defects mentioned are specific, others (eg, “breathing problems” or “gastrointestinal side effects”) are so broad that any problem or complication could conceivably be attributed to the antidepressant. The degree of causation—if any at all—for many of these conditions has not been determined. A national advertising campaign looking for any problem may be occurring because the exact risks are “unknown.”1

The 2009 U.S. Supreme Court ruling in Wyeth v Levine25 allows individuals to sue manufacturers of branded medications in state and federal court for lack of proper labeling. However, the 2011 U.S. Supreme Court case of PLIVA, Inc. v Mensing26 prohibits state lawsuits against manufacturers of generic medications over labeling because by federal (superseding) law, generic manufacturers must use the same warnings as the branded medication. This may in part explain why many medications targeted in commercials and websites for class-action lawsuits are branded products, even though generics are available.

The focus of these types of lawsuits has been on drug manufacturers, in part because of the success of past litigation. Past class- and single-action lawsuits involving birth defects against pharmaceutical companies, such as Richardson-Merrell Inc.—the manufacturer of thalidomide and Bendectin, the branded version of a combination of pyridoxine and doxylamine used to treat nausea and vomiting during pregnancy—were successful. Although limb defects with thalidomide were scientifically proven, Bendectin was never conclusively shown to cause birth defects even though it had been prescribed to 40% of pregnant women at one point. The legal theory behind the lawsuits is that the manufacturers should have done more research to determine the potential for birth defects.27 In a case against SmithKline Beecham Corporation,28 which makes Paxil, the branded version of the SSRI paroxetine, a jury found the manufacturer negligent for failing to warn about Paxil’s association with cardiac defects. The result was a $2.5 million jury verdict. Since that case, the manufacturer has settled >800 additional suits for >$1 billion. Because this risk of using paroxetine has been established, physicians should discuss this risk with their patients as part of an informed consent because they could be liable if they don’t.21 This legal concept is known as the “learned intermediary doctrine,” which states that once the risk is known, the intermediary (eg, the physician) is responsible to ensure that a product (eg, medication) is used appropriately. The 2011 FDA statement saying the risk for SSRIs during pregnancy is unknown1 is important because it removes physicians as “learned intermediaries.”

Protect your patient and yourself

An estimated 13% of pregnant women take antidepressants; SSRIs are the most commonly used antidepressant during and after pregnancy.9 Although not every depressed pregnant woman requires medication, those with moderate to severe depression often do. Rational medication decisions, informed consent, and good documentation are important when treating these women. Discuss the risks of untreated illness as well as the risks of medications to ensure that the patient understands that avoiding medication does not guarantee a safe pregnancy. Suggest psychotherapy and electroconvulsive therapy as options when appropriate. When possible, include the patient’s partner and family in the discussion to help improve compliance and potentially reduce strife.29 The psychiatrist or patient should discuss the medication plan with the patient’s obstetrician or family physician.

Whenever possible, consider using monotherapy, continuing a previously “successful” medication, and using the lowest effective dose.5 Clinicians may “underdose” medications because they believe this will lessen the risk from exposure, but this is risky because the fetus is still being exposed to the medication as well as the negative effects of undertreated MDD. If SSRIs are used throughout the pregnancy, the newborn may require additional observation to monitor for potential perinatal syndromes or PPHN.

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