Twelve parents have collectively filed a birth defects lawsuit against Abbott Laboratories and AbbVie, alleging that ingesting the manufacturers’ popular epilepsy treatment Depakote during pregnancy caused their children to be born with serious congenital birth defects.

The Depakote lawsuit accuses Abbott and its incorporated subsidiary, AbbieVie, of negligence, false advertising, concealing information, and misrepresenting a product. The named plaintiffs claim that they were not aware that this drug could cause such complications until recently, and had not been given proper disclosure at the time they were prescribed the medication.

The Depakote lawsuit is holding the pharmaceutical companies accountable for deliberately concealing that Depakote can cause serious congenital birth defects.

Additionally, the Depakote birth defects lawsuit alleges that the drug companies knew Depakote posed a severe risk of congenital birth defects and intentionally withheld this information from patients and doctors.

Rather than inform doctors and women of childbearing age about the increased risks of birth defects allegedly posed by Depakote, Abbott instead downplayed and sought to minimize the dangers of ingesting Depakote during the early weeks of pregnancy, according to the plaintiffs.

The twelve plaintiffs are seeking damages including actual damages, punitive damages, and medical expenses for Abbott’s alleged failure to warn and negligence in promoting Depakote as safe during pregnancy. The plaintiffs have demanded a jury trial.

Depakote Birth Defects

Among the most serious of Depakote’s side effects are potential birth defects when women take the drug during pregnancy. The FDA first acknowledged these dangers to the public in 2006, after researchers discovered Depakote birth defects in 20 percent of pregnant Depakote users. After these findings, the FDA required Depakote product packaging to include a black-box warning.

In 2009, the FDA released a more detailed warning of Depakote side effects. Specifically, it cited the possibility of heart, craniofacial, and neural tube defects in developing embryos.

The New England Journal of Medicine published further alarming information in 2010. The study revealed that six specific birth defects occurred at a high rate when pregnant women consumed Depakote during the first trimester of pregnancy. Pregnant Depakote users saw a 12-fold increase in babies born with spina bifida.

The FDA released another Depakote warning in 2012. When compared with the children of non-Depakote users, children who were exposed to Depakote in the womb typically scored lower in IQ tests and other measures of cognitive function.

Depakote Birth Defects Lawsuits

Current Depakote lawsuits focus on the claim that Depakote causes debilitating birth defects when taken during pregnancy.

Plaintiffs in the Depakote birth defects lawsuits allege that the manufacturer failed to warn the public of the full extent of dangers associated with Depakote use. Many allege that Abbott Laboratories was negligent in its duty to protect pregnant women and their offspring from being harmed from Depakote.

The Depakote Birth Defects Lawsuit, filed April 28, 2015, is Case No. 3:15-cv-00472-NJR-SCW in the U.S. District Court for the Southern District of Illinois, East St. Louis Division.