A California mother is suing a pharmaceutical company for the right to take her three baby girls off life support in the hospital, and she is fighting to get the case dismissed because the baby girls were taken from her when she was pregnant with her own daughter.
A federal judge on Thursday denied the mothers request for a temporary restraining order, citing a “host of other reasons” that are not relevant to the case.
The lawsuit, filed in federal court in California, is the latest in a string of legal battles between Down syndrome sufferers and the pharmaceutical industry.
Last year, a federal appeals court upheld a lawsuit filed by the mother against AstraZeneca, the maker of a generic version of the drug Caesarean Delivery System.
In a separate case, the Supreme Court overturned a ruling that the mother could take her daughter, Charlotte, to the hospital after the baby girl was born prematurely.
Cara, a Down syndrome girl, was born with cerebral palsy at the hospital and spent the next two years in the intensive care unit, where she was diagnosed with Down syndrome at birth.
Charlotte’s parents sued Astra on behalf of the baby, which is still being treated in the NICU.
In a ruling last year, the California Court of Appeal said the lawsuit was without merit.
It said Caesarenet was “not capable of providing effective protection” for babies with Down Syndrome, and that Caesarelet’s drug formulation “is neither safe nor effective.”
The California case involved Caesarin, which has been approved by the Food and Drug Administration for use in babies with congenital abnormalities that cause severe cerebral palsys, including Down syndrome.
The FDA has said that the drug’s main side effect is low blood pressure and other side effects.
It also has been linked to other problems, including heart defects, kidney disease and other problems.
AstraZeneca has argued that the babies were taken because of a “lack of safety” in Caesars drugs.
The company has said the babies “suffered serious side effects” when they were taken off life-support.
In April, the company settled with the mother for $25 million and agreed to pay $8.5 million in civil damages, according to a court filing.
In court filings, Astra’s attorneys said the plaintiffs have shown that Caerastin was “reasonably expected to cause serious adverse events” and that “there was insufficient evidence” to prove the drug caused serious adverse reactions.
The suit filed Thursday argues that Caesarin was approved in 1998, before Caesarix was introduced.
Astra, which declined to comment for this story, had not responded to a request for comment.
The case is scheduled to go to trial in December.
The woman who sued Astar is seeking unspecified monetary damages and unspecified damages for “loss of earnings, loss of earnings potential, economic loss, personal injury, emotional distress and mental anguish.”