By Meredith Friesen  |  March 12, 2015

Category: Legal News

pregnancy birth defectsThe medication Depakote (valproic acid) is used to treat a variety of illnesses, including epileptic seizures, mood disorders, and to prevent migraine headaches. Using medication — any medication — while pregnant is one of the most common causes of birth defects, which means women of childbearing age need to be informed of all risks associated with taking a drug during pregnancy.

A recent study published in the New England Journal of Medicine found that women who use Depakote in pregnancy are more likely to give birth to a child with a severe birth defect. This information has led to a number of birth defect lawsuits against the drug’s manufacturer for failing to warn women about the risks of valproic acid affecting the fetus.

Birth Defect Study

The Depakote birth defect study was originally published in the June 2010 issue of NEJM. Data was collected from eight different studies that examined birth defects from drugs. Researchers looked at the 14 most common birth defects and compared them to drug use.

Researchers found that birth defects were more common in valproic acid users than users of other medications and non-drug users.

Valproic acid is used to treat epilepsy, bipolar disease, and migraines. It is found in drugs such as Depakote and Stavzor.

The list of birth defects associated with valproic acid include:

  • Spina bifida
  • Atrial septal defect (heart defect)
  • Cleft palate
  • Hypospadias (abnormality in the urethra in boys)
  • Polydactyly (extra fingers or toes)
  • Craniosynostosis (premature closing of a skull’s sutures

The birth defect study highly suggested that women need to be aware of birth defects from drugs. Neurologist Page B. Pennell commented in a WebMD article that, “the study provides further verification of our concerns of valproic acid standing out as high risk for birth defects during pregnancy and [conferring a] higher risk that other medications we can choose to prescribe.”

She also stated, “It is necessary to discuss these risks with women prior to pregnancy…this conversations needs to take place as soon as a woman hits puberty and continue through all of her childbearing years.”

Doctors have suggested that pregnant women should avoid medications containing valproic acid if at all possible because of the risk of congenital defects. However, this isn’t always possible.

In some instances, the risks of not taking the medication may outweigh the risks of birth defects. As a result, it is also suggested that women who could become pregnant stop using the valproic acid earlier as switching medications suddenly can be a difficult process. Above all, women are advised to not stop taking a medication until they’ve spoken with their doctor.

Birth Defect Lawsuits

Birth defect lawsuits have been filed against the manufacturers of Depakote, alleging that the companies failed to adequately warn users about the risk of valproic acid birth defects.

Birth defect lawsuits often seek compensation for medical bills, cost of future living, the child’s pain and suffering, loss of future wages, and more. Women may file on behalf of their children.

In general, Depakote lawsuits are filed individually by each plaintiff and are not class actions.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.

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Join a Free Depakote Birth Defects Class Action Lawsuit Investigation

If you took Depakote prior to 2010 and your child was born with a birth defect, you may have a legal claim. Fill out the form for a free case evaluation.

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