A recent Depakote lawsuit alleges the drug manufacturers failed to warn pregnant consumers that the anti-seizure medication may increase the risk of birth defects by 25 percent.

Plaintiff Amber G. of Oklahoma filed the Depkote birth defects lawsuit against drug makers Abbott Laboratories and Abbvie Inc. on behalf of herself and her minor child.

Amber claims she took Depakote every day throughout her pregnancy for seizure treatment and later had a child born with physical, cognitive and behavioral abnormalities. The Depakote lawsuit states that had the plaintiff been fully warned that Depakote carried serious birth defect risks she would have sought other treatment options.

Depakote was approved by the FDA in 1983 to help prevent seizure occurrences and was prescribed to more than 2 million individuals within the first year. Amber reports taking the medication consistently throughout her pregnancy in 1996-97 and claims the defendants provided no warning that fetal exposure of Depakote could result in behavioral and cognitive birth defects.

The Oklahoma woman accuses the drug manufacturers of being well aware that Depakote posed serious risks to women of childbearing years yet “continued to knowingly withhold critical safety information.”

Amber gave birth to a child with physical birth defects including vision problems, cognitive defects including low IQ, speech and learning difficulties, and behavioral issues including attention deficit disorder, the Depakote lawsuit alleges. 

Amber is seeking more than $75,000 from Depakote manufacturers to help cover the costs of the ongoing medical and educational treatments her child will continue to need for the foreseeable future.

The Depakote Birth Defects Lawsuit is Case No. 3:15-cv-00499-NJR-SCW, in the U.S. District Court for the Southern District of Illinois.

Depakote Overview

In addition to being one of the most popular anti-seizure medications available, Depakote was also FDA approved in 2002 to help treat other conditions including migraines, bipolar disorder and manic depression. The medication works by increasing the amount of neurotransmitter gamma aminobutyric acid (GABA) in the brain, which helps prevent certain brain signals that could lead to seizures.

The medication now comes with a warning label that Depakote is considered an FDA Pregnancy Category D drug, meaning there is evidence that fetal exposure of the medication may cause birth defects but in some cases the benefits may outweigh the risks. 

Some of the most commonly reported Depakote birth defects include:

• Spina bifida and other spinal defects
• Face or skull defects (including cleft palates)
• Heart defects
• Brain defects

Depakote Birth Defect Lawsuits

This birth defect lawsuit joins the growing number of claims that the company knew about the risks involved with fetal exposure but intentionally concealed the information from consumers.

At the time that Amber was pregnant, she states there were safer, alternative anti-seizure medications available to her that would not have exposed her unborn child to unnecessary risks.

Amber is suing Abbott Laboratories and Abbvie Inc. for neglecting to warn her of pregnancy risks. As a result, she claims the drug manufacturers are responsible for the numerous damages she and her child have suffered including emotional distress, loss of enjoyment of life, and permanent physical injuries.