Parker Waichman LLP

Lawsuit Alleges Epilepsy Drug Depakote Caused Child’s Spina Bifida

  Epilepsy Drug May Cause Spina Bifida. Research Found Epilepsy Drug Depakote Can Cause Birth Deffect. In a lawsuit filed against Abbott Laboratories, the family of a girl born with spina bifida alleges that the anti-epilepsy drug Depakote caused the child’s birth defect. On October 19, United States District Judge Nancy Rosenstengel dismissed Abbott’s motion to […]

Epilepsy Drug Caused Child's Spina Bifida

 

Epilepsy Drug May Cause Spina Bifida. Research Found Epilepsy Drug Depakote Can Cause Birth Deffect. In a lawsuit filed against Abbott Laboratories, the family of a girl born with spina bifida alleges that the anti-epilepsy drug Depakote caused the child’s birth defect.

On October 19, United States District Judge Nancy Rosenstengel dismissed Abbott’s motion to drop the lawsuit based on the statute of limitations. The judge’s opinion said, “it is undisputed that the Illinois statute of limitation does not bar the current claim.” Illinois laws allow minors to seek damages at any time and up to two years after they turn 18, allowing the complaint against Abbott to go forward for now. Parker Waichman notes that research has found that Depakote use during pregnancy is linked to a number of birth defects.

The girl Emily, now 12, underwent open fetal surgery to treat the spina bifida while she was still in the womb. At the time, Emily’s mother was only the nineteenth patient to undergo such surgery at Vanderbilt University Medical Center. Though Emily can walk on her own, she sometimes uses a wheelchair. “Emily’s muscles will never be able to gain full strength and she tires easily,” the hospital’s website explains.

Spina Bifida

Spina bifida is a neural tube defect. Normally, the neural tube forms early in the pregnancy and closes by the 28th day after conception, the Mayo Clinic explains. In babies with spina bifida, however, a portion of the neural tube fails to develop or close properly, causing defects in the spinal cord and in the bones of the spine. Spina bifida has various degrees of severity. Symptoms can include:

  • muscle weakness of the legs, sometimes involving paralysis
  • bowel and bladder problems
  • seizures, especially if the child requires a shunt
  • orthopedic problems such as deformed feet, uneven hips and a curved spine (scoliosis)

Treatment for spina bifida is done surgically, although surgery does not always completely resolve the problem.

Although the exact causes of spina bifida are not known, the condition seems to be the result of genetic and environmental risk factors, such as a family history of neural tube defects and folic acid deficiency. The lawsuit filed by Emily’s family alleges the anti- Depakote is responsible for Emily’s spina bifida. Abbott Labs does not deny that Depakote poses a danger to pregnant women but the drug maker argues that the mother should have known about the risks in 2004 when she was pregnant.

Depakote is used to treat epilepsy and also used to treat other bipolar disorder and migraines. Brand names for valproate include Depakote, Depakene, Depacon, and Stavzor.

In 2009, the Food and Drug Administration (FDA) warned that the risk of neural tube defects in babies whose mothers who took Depakote during pregnancy is “much higher” than average, or 12.5 times worse. The FDA has also warned of the risk of “impaired cognitive development” in children whose mothers took Depakote during pregnancy. Since migraines are generally not a life threatening condition, the FDA advises that pregnant women should not take valproate.

For pregnant women with epilepsy or bipolar disorder, valproate products should be prescribed only if other medications are not effective in treating the condition or are otherwise unacceptable. Valproate products will remain in pregnancy category D for treating epilepsy and manic episodes associated with bipolar disorder. A category D drug is one for which the potential benefit of the drug in pregnant women may be acceptable despite its potential risks. Valproate’s pregnancy category for migraine use was changed to X, meaning that the risk clearly outweighs any possible benefit of the drug.

Six Birth Defects Linked to Valproate

depakote

A 2010 study published in the New England Journal of Medicine reports that six birth defects were more common among children of women who took valproate during the first trimester than children of women who did not take antiseizure drugs. The birth defects are spina bifida, atrial septal defect (a hole in the heart), cleft palate, hypospadias (abnormality in the opening of the urethra in boys), extra fingers or toes, and craniosynostosis (sutures on a baby’s skull close prematurely).

The researchers conclude that the “findings provide further support for the recommendation of the American Academy of Neurology to avoid the use of valproic acid, if possible, in pregnant women.”

Need Legal Help Regarding Epilepsy Drug?

The personal injury attorneys at Parker Waichman LLP offer free, no-obligation case evaluations. For more information, fill out our online contact form or call 1-800-YOURLAWYER (1-800-968-7529).

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Positive: Professionalism Benita Rollis was very professional and kind while helping us through the entire process of our case. I would definitely recommend Parker Waichman and Ms. Rollis.
Jennifer Young
2 years ago
5 Star Reviews 150
I had a great experience with Tina and Gina working relentlessly on my fathers 911 case. They were attentive to my questions and concerns will making sure all documentation was submitted correctly in a timely manner. It has been a pleasure having them lead my family and I to victory in the precious memory of my father. May God continue to bless them!!
Robin Holland
2 weeks ago
5 Star Reviews 150
It is still early in the process for me and I have been kept abreast of matters effecting my case by Jillian, my case manager and Cathy, my paralegal. One aspect of the firm that I had not anticipated was the care and concern shown for my well being by Joanne, the nurse. PARKER WAICHMAN LLC is my law firm and I am glad I contacted them to work on my case. Update: Denny Tang, Esq., handled my case with updates to me throughout the process. He appears genuinely caring about his clients and that quality is priceless. Jillian Cantinieri, Legal Secretary, was initially my go to contact at the firm and performed her duties in a stellar manner. She is an exemplary employee and I am very pleased Jill was assigned to my case.
Jacqueline Kowitz
3 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038