Abbott Laboratories and its subsidiary AbbVie Inc. are being sued in a birth defects lawsuit by a North Carolina couple who allege their son developed birth defects in-utero after being exposed to the antiseizure drug Depakote.

Plaintiffs Teresa S. and Brian S. filed this Depakote birth defects lawsuit in an Illinois federal court, alleging their son was born with birth defects as a direct result of Teresa’s use of Depakote. Teresa allegedly was prescribed and used Depakote on a daily basis throughout her pregnancy to maintain control over her seizure disorder.

In October 1989, Teresa and Brian’s son was born with several major anomalies as well as cognitive and behavioral impairments, which his parents attribute to his exposure to Depakote during pregnancy.

Depakote (or valproate) is a human teratogen which has been known to cause birth defects since 1about 980, at which time a Depakote birth defects study was published. According to this Depakote birth defects lawsuit, Abbott and AbbVie should have known Depakote’s potential to cause birth defects at the time of Teresa’s pregnancy.

Because of Teresa’s use of Depakote while pregnant, they claim their son was born with the following Depakote birth defects:  “autism, Pervasive Developmental Disorder, diminished IQ, poor social relatedness, sensory abnormalities, unusual fears, mild to moderate adaptive behavior deficit, severe communication deficits, and other developmental deficits.”

Additionally, because he suffers from these various birth defects allegedly caused by Depakote, Teresa and Brian’s son will be dependent on his parents for the rest of his life. He will also require medical and psychiatric care on a regular basis for the rest of his life as well.

The plaintiffs bring several claims against Depakote’s manufacturer in this Depakote lawsuit, including design defect, defect due to inadequate warning, negligence, negligent misrepresentation and fraud, breach of express warranty, breach of implied warranties of merchantability and fitness, and medical and related expenses.

Teresa and Brian, on behalf of themselves and their son, are seeking compensatory, economic, and punitive damages, award of attorney’s fees, as well as other forms of relief so deemed fit by the court.

The Depakote Birth Defects Lawsuit is Case No. 3:15-cv-00468-NJR-SCW, in the U.S. District Court of the Southern District of Illinois.

Depakote Birth Defects and Side Effects

Depakote (valproic acid) is a type of anticonvulsant drug prescribed to treat epilepsy, migraines, bipolar disorder, ADHD, chorea, and other ailments. While Depakote has become a fairly popular pharmaceutical drug, it has also been linked to several serious side effects.

According to recent drug studies and reports, women who take Depakote while pregnant (especially during the first trimester) are at a markedly 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