Parker Waichman LLP

Depakote Lawsuit Says Drug Caused Birth Defects

Abbott Laboratories is involved in a another Depakote lawsuit in an action involving its defective drug and over two dozen parents. The lawsuit alleges that Depakote, an anti-epileptic medication, caused birth defects in their children, wrote the Saint Clair Record. The class complaint was filed on December 15th. The issue with Depakote birth defects is, […]

Abbott Laboratories is involved in a another Depakote lawsuit in an action involving its defective drug and over two dozen parents. The lawsuit alleges that Depakote, an anti-epileptic medication, caused birth defects in their children, wrote the Saint Clair Record. The class complaint was filed on December 15th.

The issue with Depakote birth defects is, sadly, not new. Depakote (valproic acid) and similar epilepsy drugs have been associated with serious birth defects. In 2009, the US Food & Drug Administration (FDA) warned that women of childbearing potential should only use drugs like Depakote if it is essential to manage their medical condition. The Saint Clair Record pointed out that, according to the complaint, Abbott Laboratories began marketing Depakote in the 1970s in the U.S., but that its key element “valproic acid” has allegedly been linked to serious defects when taken by expectant mothers in their first trimester of pregnancy.

In addition to Depakote, valproic acid is marketed under the brand names Depakote ER, Depakene, Depacon, Depakine and Stavzor. In addition to epilepsy, Depakote and similar drugs are used to treat mania (episodes of frenzied, abnormally excited mood) in people with bipolar disorder (manic-depressive disorder: a disease that causes episodes of depression, episodes of mania, and other abnormal moods). They are also used to prevent migraine headaches.

The lawsuit also claims that the drug maker, while minimizing Depakote’s risks and avoiding updates to the drug’s label indicating, continued touting the medication to patients and doctors, said the Saint Clair Record. The lawsuit accuses Abbott of developing a defective medication and of deceptively hiding the drug’s adverse effects.

Last June, the New England Journal of Medicine (NEJM) published a study that found that Depakote and similar drugs increased the risk of six different birth defects: Spina bifida, atrial septal defect (a hole in the heart), cleft palate, hypospadias (an abnormality in the opening of the urethra in boys), polydactyly (extra fingers or toes), and craniosynostosis (one or more sutures on a baby’s skull close prematurely). These birth defects were more common in babies born to mothers who had taken valproic acid in their first trimester of pregnancy.

The NEJM study came just months after the FDA issued its warning regarding the connection between birth defects and drugs like Depakote. At the time, the agency said the risk of neural tube defects occurring was much higher in babies born to mothers treated with one of these medications during the first 12 weeks of pregnancy, with the risk increasing to 1 in 20 babies, the agency said.

The FDA advised women not actively planning a pregnancy to use effective contraception if taking Depakote or a similar drug, as birth defect risks are particularly high during the first trimester, before many women know they are pregnant. Women planning a pregnancy or who become pregnant while taking Depakote or a related medication should contact their healthcare professionals immediately, the agency said.

The FDA said women becoming pregnant while taking epilepsy drugs like Depakote should consider enrolling in the North American Antiepileptic Drug (NAAED) Pregnancy Registry, which can be reached, toll-free, at 1-888-233-2334. The registry gathers information about the safety of antiepileptic drugs during pregnancy.

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 , Quality , Responsiveness , Value
michael dalton
2 years ago
5 Star Reviews 150
PW is top notch. I felt perfectly comfortable with the staff and the in person visit with the paralegal was excellent she explained everything to me in a knowledgeable fashion. I would highly recommend PW.
Vikki Mclaurin
10 months ago
5 Star Reviews 150
They were really professional answered all my questions walk me through the end of my case i will surely recomend to my family and friends
Malini Prasad
6 months 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