A California resident recently filed a Depakote lawsuit on behalf of herself and her minor child against the drug manufacturers Abbott Laboratories, and AbbVie Inc. The Depakote lawsuit alleges that the defendants failed to warn the medical community and general public about dangerous birth defects associated with women who took Depakote while pregnant.

The Depakote lawsuit was brought by Plaintiff Brenda A. who took Depakote in pill form to control her seizure disorder. She continued to use the medication throughout her pregnancy.

In 2004, Brenda’s baby was born with several serious birth defects. These alleged Depakote birth defects include cognitive and behavioral problems. Brenda brought the Depakote lawsuit in hopes of recovering damages on behalf of herself and her daughter.

What is Depakote?

Depakote is a popular anticonvulsant medication often prescribed to treat epilepsy, bipolar mania, and migraine prevention. Depakote is generically known as divalproex sodium, valproate, and valproic acid.

Depakote was introduced to the market in 1983 for the treatment of seizures, it was later approved for additional medical conditions, including migraines.

Valproate is known by medical professionals as a teratogen, or an agent known to cause disturbances in the development of embryos and fetuses.

According to the Depakote lawsuit, reports were published citing the potential birth defects risks caused by taking Depakote while pregnant in 1984. By 1984, fetal valproate syndrome became a defined term in medical literature, valproate is an active ingredient in Depakote.

FDA Depakote Birth Defect Warning

In order to advise consumers of the risk to benefit ratio of taking certain drugs while pregnant, the FDA has created 5 pregnancy labeling categories. Depending on Depakote’s prescribed use the FDA has given Depakote different pregnancy categories. F

or migraines the medication is a Category X designation meaning the risks involved in using it for pregnant women clearly outweighs the benefits. When used to treat bipolar disorder, the FDA labels it Category D meaning potential benefits may outweigh potential risks for pregnant women.

Depakote Birth Defects

According to the literature, Depakote birth defects include facial abnormalities and malformations, learning disabilities, and nervous system dysfunctions. Other serious birth defects caused by valproate include cleft palates, cardiac defects, and skeletal abnormalities. Some of the facial abnormalities include a triangular shaped head due to premature bone fusion, tall forehead with flat nasal bridge, small jaw, and anteverted nostrils.

Depakote Birth Defect Lawsuits

Product liability attorneys are currently looking for potential Depakote lawsuits. These birth defect lawsuits claim that the pharmaceutical companies violated consumer protection laws and owe consumers a duty to disclose dangerous side effects associated with the medications they produce.

Specific Depakote claims against Abbott and AbbVie include strict product liabilities, negligence, fraud and misrepresentation, and breach of warranty. Awards and settlements from these Depakote birth defects lawsuits can help pay for both past and future medical bills as well as attempt to compensate victims for the pain and suffering they endured.

The Depakote Birth Defect Lawsuit is Case No. 3:15-cv-00466-NJR-SCW filed in the U.S. District Court for the Southern District of Illinois.