An birth defects lawsuit has been filed by a Florida couple who claims the manufacturers of Depakote knew the anti-seizure medication could cause birth defects but failed to warn consumers for more than 30 years.

Plaintiffs Latesha and Johnny S. are suing Abbott Laboratories and Abbvie Inc. for negligent misrepresentation that it was only a possibility that Depakote causes birth defects, failing to disclose the severe risks of taking Depakote during pregnancy.

According to the birth defects lawsuit, studies have shown that the risk of adverse fetal outcome is 25 percent or more in mothers that used Depakote at doses of approximately 1000 mg/day or higher during pregnancy.

The Depakote birth defect lawsuit claims that Latesha consistently took Depakote to treat her bipolar medical condition at a dosage of 1000 mg or more per day during her pregnancy. She alleges that her child was born with several significant congenital anomalies, cognitive delays, behavioral impairments, and neurological disorders.

The plaintiffs state that Depakote (valproate) is a human teratogen, which is an agent that is known to cause birth defects and should only be prescribed to pregnant women as a last resort.

Latesha claims that had she been warned that the medication was harmful to her unborn child, she would have pursued a safer alternative treatment for her bipolar disorder.

The SSRI birth defect lawsuit alleges that Latesha and Johnny have incurred substantial financial harm due to medical treatments, caregiving expenses, and loss of earnings, all due to the injuries suffered by their child’s fetal exposure to Depakote. The couple further states that they will continue to suffer these damages in the future.

The birth defect lawsuit is seeking more than $75,000 in financial award.

SSRI and Birth Defects Overview

Selective serotonin reuptake inhibitors (SSRI) medications work by preventing neurotransmitters from being absorbed into the nerve cell, rather the neurotransmitter stays in the gaps between the nerves. This process helps improve communication between nerve cells which in turn helps regulate a patient’s mood.

In a recent study performed by the Centers for Disease Control and Prevention, researchers analyzed the data of more than 38,000 women who had given birth between the years 1997 and 2009. With this information, researchers then looked at children born with birth defects and investigated whether their mother took an SSRI during pregnancy.

The SSRI birth defect study found that fetal exposure to these times of medications led to the following birth defects: Heart, skull, brain, and abdominal wall defects.

According to plaintiffs filing birth defect lawsuits, SSRI medications also cause:

• Spina bifida
• Craniosynostosis (skull defect or head malformation)
• Cleft lip
• Cleft palate
• Club foot
• Internal malformation such as omphalocele
• PPHN (persistent pulmonary hypertension)
• Lung defect

SSRI Birth Defect Lawsuits

More than 1,000 SSRI lawsuits have been filed across the U.S. by plaintiffs claiming that drug manufacturers failed to warn that the medications could led to birth defects due to fetal exposure. 

If you took an SSRI medication during pregnancy and later had a child born with a birth defect, you may have legal claim.

The Depakote Birth Defect Lawsuit is Case No. 3:15-cv-01092-NJR-SCW in the U.S. District Court for the Southern District of Illinois.