Plaintiff Meredith K., a resident of New York, is suing AbbVie Inc. for the birth defects her daughter allegedly developed from the defendant’s anti-epileptic drug. Meredith claims that as a direct result of using Depakote, her daughter was born with several birth defects that will permanently impair her for the rest of his life.

Due to her seizure disorder, Meredith was prescribed Depakote and continued using the drug throughout her pregnancy between the years 2001-2002. The plaintiff’s daughter was born in February 2002 with several cognitive, behavioral, and neurological disorders, which allegedly resulted from the baby being exposed to valporate, Depakote’s main ingredient, which is well-known to cause birth defects.

Despite allegedly knowing this, AbbVie still advertised this product without warning the public of Depakote birth defect complication, and even encouraged physicians to prescribe Depakote to pregnant women or women who may soon become pregnant. According to the Depakote lawsuit, Meredith followed all prescription instructions and the advice of her physician, giving her no reason to believe she was exposing her unborn child to a dangerous substance.

Now her daughter allegedly must contend with various Depakote birth defects, including: autism, pervasive developmental disorder, low IQ, ADHD, sensory perception issues, motor issues, and speech development issues. According to the Depakote lawsuit, the girl’s numerous medical conditions require customized educational accommodations, intense therapy for all cognitive and developmental issues, and she will continue to require extensive support and service in the future. In other words, her daughter needs assistance with everyday activities including personal hygiene and will most likely be dependent for the rest of her adult life.

Meredith is filing this Depakote lawsuit against AbbVie, alleging that the company knew about this risks of Depakote birth defects but chose not to inform her or other consumers. Furthermore, Meredith’s lawyers state that the company had the responsibility to warn her and other patients of all Depakote side effects that could be caused by their product.

For being allegedly responsible for manufacturing, selling, distributing, and marketing a dangerous drug, Meredith is suing AbbVie Inc. The charges include: negligence, false advertising, concealing information, and misrepresenting a product.

Overview of Depakote Birth Defect Allegations

Depakote is one of the more traditional antiepileptic drugs in the United States, having been on the market since 1978. It was approved by the FDA to treat seizures, and was later approved to treat migraines and bipolar disorder. While many patients have found success in using Depakote, it was soon discovered that a devastating side effect often occurred after using Depakote, with minor to severe cases appearing in pregnant women.

Even back in 1980, medical journals indicated that Depakote could cause birth defects in unborn fetuses. The most common Depakote birth defects include: spina bifida, learning disabilities, nervous system dysfunction, major physical malformations, and delayed development with motor skills. Medical experts agree that Depakote significantly increases the risk of birth defects in unborn fetuses, especially if mothers ingest the medication during the first trimester of pregnancy.

It is important to note that Depakote is a Category X drug, which means that there is scientific evidence that suggests this drug could do harm to the fetus. Despite the severity of this risk, AbbVie did not update Depakote’s warning label to include birth defects until 2011. This has led to numerous product liability lawsuits and avoidable birth defect cases filed against the company.

This Depakote Lawsuit is Case No. 3:15-cv-00497-NJR-SCW, in the U.S. District Court for the Southern District of Illinois.