A Kentucky mother and father have filed a Depakote birth defects lawsuit against Abbott Laboratories and AbbVie alleging that its popular epilepsy medication caused their two children to be born with serious cognitive and neurological birth defects.

Plaintiffs Susan and Willie W. accuse Abbott and its subsidiary, AbbVie, of products liability, inadequate warnings, negligence, and fraud. Susan alleges that she was not aware the seizure disorder drug could cause such complications until recently, and had not been given proper disclosure at the time she was prescribed Depakote.

The Depakote lawsuit seeks to hold the pharmaceutical companies accountable for their children’s birth defects and subsequent intensive medical treatment and interventions. According to the Depakote lawsuit, their children were born in 2002 and 2006.

Additionally, the Depakote birth defects lawsuit alleges that the drug companies knew, or should have known, the drug was a “human teratogen” and should not be prescribed to pregnant women or women of childbearing years who are likely to become pregnant. The plaintiffs further accuse Abbott of failing to warn of a risk of cognitive impairment until they were forced to update the Depakote label in 2011.

Susan and Willie are seeking damages including all compensatory, medical expenses, economic, and punitive in excess of $75,000 for Abbott’s alleged failure to warn and negligence in promoting Depakote as safe during pregnancy. A jury trial has been demanded for this case.

Depakote Alleged Dangers

Aside from its intended purpose to treat seizures as well as migraines, Depakote side effects may cause a variety of unintended health problems beyond the typically mild side effects. Most notably, mothers who took Depakote during pregnancy have given birth to babies with severe birth defects.

The FDA has released warnings regarding the link between Depakote and birth injuries, which include:

• Spina bifida and other spinal defects
• Brain defects
• Malformation of face or skull
• Malformation of cardiovascular system
• Cognitive birth defects

Depakote use during pregnancy has also been linked to fetal valproate syndrome, a condition that can cause children to develop facial deformities that may evolve over time.

In addition to these dangers, the FDA released a safety alert on May 6, 2013 stating that Depakote and other drugs like it (valproate sodium and related products, valproic acid and divalproex sodium) should not be given to pregnant women to prevent migraine headaches, as a new study has revealed that it can result in lower IQ scores in children born to women who took the drug while pregnant. In addition to issuing this alert, the FDA announced that it would be changing the warning on these drugs from “D” to “X,” indicating that the risks associated with this medication outweigh the potential benefits it could have for pregnant women looking to prevent migraines.

Depakote Birth Defect Lawsuits

If you have a child born with a birth defect linked to the use of Depakote in the first trimester of pregnancy you may be eligible to file a Depakote lawsuit.

The Depakote Birth Defects Lawsuit is Case No. 1:15-cv-0057-GNS-HBB, in the U.S. District Court for the Western District of Kentucky.