W. Va. State Court Dismisses Zoloft Birth Defect Actions for Forum Non Conveniens

CHARLESTON, W. Va. — A West Virginia mass tort panel has dismissed 20 Zoloft birth defect actions for forum non conveniens, finding the claims have no connection with West Virginia and all of the relevant evidence and witnesses will be located in other states.

In an Oct. 21 order signed by Lead Presiding Judge James C. Mazzone of the Kanawha County (W. Va.) Circuit Court, the panel concluded that “relative ease of access to sources of proof” favors litigation in the plaintiffs’ home states where a significant amount of such proof is located.

A group of 19 plaintiff families …