Negligent Misrepresentation Claim Survives Dismissal Motion in Prozac Birth Defect Case

SACRAMENTO, Calif. — A California woman who claims her ingestion of Prozac while pregnant caused her son’s congenital birth defects adequately pled a negligent misrepresentation claim against Eli Lilly & Co. (NYSE: LLY), a federal judge has ruled.

However, in the Jan. 14 order, Senior Judge Lawrence K. Karlton of the U.S. District Court for the Eastern District of California dismissed the plaintiff’s fraud claim without prejudice, saying it lacks factual specificity. The judge did allow the plaintiff leave to amend this claim.

Angela Waldo sued Lilly individually and on behalf of her son, D.P., alleging he was born in …