Karina Basso  |  May 25, 2015

Category: Legal News

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hypoxia birth injury lawsuitPharmaceutical giant AbbVie Inc. is being sued in a Depakote birth defects lawsuit, alleging their anti-seizure medication Depakote has caused some women to give birth to infants suffering from severe birth defects. This is just one of many cases in the current trend of birth defects lawsuits sweeping the nation.

Depakote Birth Defects Lawsuit Alleges Negligence

Plaintiff Marsha E. and her husband Jesse, both Oregon residents, filed this Depakote birth defects lawsuit on behalf of their child who was allegedly born with birth defects caused by his mother’s ingestion of Depakote during her pregnancy.

During 2006, Marsha was prescribed and took Depakote to manage her seizure disorder, a condition that can be dangerous to both a mother and unborn child if not managed correctly. However, Depakote, an anticonvulsant meant to help keep a seizure-prone mother and her child safe, allegedly caused complications for child from the time he was in Marsha’s womb.

The plaintiffs’ child was born sometime in September 2006, suffering from several “several significant cognitive and behavioral impairments and neurological disorders,” which allegedly continue to plague him today.

According to the Depakote birth defects lawsuit:

“Defendants [AbbVie] knew or should have known by the time of Plaintiff Marsha [E.’s] pregnancy in 2006 that valproate [Depakote] was a human teratogen and should not be prescribed to pregnant women, or women of childbearing years who are likely to become pregnant. … In 1982, the association between valproate and neural tube defects was first documented. By 1983, a twenty-fold increase in the rate of spina bifida among infants exposed to valproate during fetal development was reported in the medical literature.”

It wasn’t until July 2013, 7 years after Marsha’s son was born, that AbbVie made a drug label change to include a warning regarding Depakote birth defects risks. The Depakote birth defects lawsuit alleges that the plaintiff’s child developed autism, a low IQ of 67, multiple adaptive deficits, disruptive behavior disorder, ADHD, delayed mental functioning, mild dysarthria, sensory processing difficulties, and other behavioral and cognitive impairments.

“The deficits suffered by [their son] Plaintiff J.E. as a result of his exposure to the teratogenic effects of Depakote in utero include permanent and substantial deficits that will require medical and psychiatric care and related assistance throughout the remainder of his life,” the Depakote birth defects lawsuit states.

The plaintiffs bring several allegations against AbbVie, the manufacturers of Depakote, including claims of design defect, defect due to inadequate warning, negligence, negligent misrepresentation and fraud, breach of express warranty, breach of implied warranty of merchantability, breach of implied warranty of fitness, and medical and related expenses.

Depakote Birth Defects and Side Effects

Depakote (valproic acid) is a type of anticonvulsant drug prescribed to treat epilepsy, migraines, bipolar disorder, and ADHD. However, according to recent drug studies and reports, women who take Depakote while pregnant, especially during the first trimester, are at an increased risk of giving birth to children with birth defects.

Some potential Depakote birth defects include:

  • Brain Defects
  • Decreased IQ
  • Atrial Septal Defect
  • Cleft Lip
  • Cleft Palate
  • Spina Bifida
  • Cardiovascular Defects

Women like Marsha who took Depakote while pregnant and later gave birth to a child who experienced any of the birth defects listed above may be eligible to join a Depakote birth defects class action lawsuit or file an individual birth defects lawsuit. By suing a manufacturer like AbbVie, a family may be able to receive monetary compensation for alleged damages including medical costs, injuries, pain and suffering.

The Depakote Birth Defects Lawsuit is Case No. 3:15-cv-00505-NJR-SCW, in the U.S. District Court for the Southern District of Illinois.

In general, Depakote lawsuits are filed individually by each plaintiff and are not class actions.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.

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Join a Free Depakote Birth Defects Class Action Lawsuit Investigation

If you took Depakote prior to 2010 and your child was born with a birth defect, you may have a legal claim. Fill out the form for a free case evaluation.

An attorney will contact you if you qualify to discuss the details of your potential case.

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