N.J. Federal Judge Allows Plaintiff to Voluntarily Dismiss Lexapro Birth Defect Case

CAMDEN, N.J. — A New Jersey federal judge has allowed a plaintiff to voluntarily dismiss her Lexapro birth defect case so that she may refile in another district, ruling that defendant Forest Laboratories Inc. will not be prejudiced by the dismissal because the action has not proceeded beyond the initial pleadings.

On Nov. 3, Judge Robert B. Kugler of the U.S. District Court for the District of New Jersey explained that the parties have spent very little time in preparing the case and that no discovery has been conducted.

Michelle Soderberg alleges that her son was born with birth defects, …