Legal Question in Product Liability in Michigan

You should start by contacting the attorneys who are handling a class action lawsuit regarding Zoloft - do a google search if you haven't seen the commercial or ad yet. Whether or not another state would have jurisdiction over your claim depends on that state's residency requirements. For example, in Michigan, you must be a resident of the state for at least 180 days and a resident of a particular county for 10 days before you can file a divorce complaint in that state/county. Each state has their own residency requirements. You also have the issue of where your claim arose - the injuries and damages obviously occurred in Michigan. However, it's not like the only pharm. company that made Zoloft is in Michigan and thus, suing them in another state would be inconvenient for them.

Contact the Zoloft lawyers - it can't hurt, and they can answer your questions and also advise you on the strengths and weaknesses of your claim, what evidence you may need or lack, etc. Even though it may be proven that Zoloft causes birth defects, it doesn't mean you'd be able to prove it your case - everyone's situation is different.

Sorry for your damages, and good luck with your lawsuit.

PS: You are correct that the current law in Michigan is that once the FDA approves a drug, and it is prescribed as intended, a pharmaceutical company is not liable. However, there are exceptions, such as when a patient wasn't properly advised of the side effects, if the instructions for Zoloft said not to prescribe to a pregnant patient, or required extra information be given to a patient, etc. You may also have a claim against your physician who prescribed Zoloft. Again, I'm not handling this lawsuit, so I'm not intimately aware of all the details.