Parker Waichman LLP

Jury Issues $3 Million Verdict to Plaintiff in Topamax Lawsuit

A verdict of $3 million has been returned against Janssen Pharmaceuticals, Inc., a Johnson & Johnson unit, in a case alleging the company failed to warn about side effects associated with its epilepsy drug Topamax during pregnancy. The lawsuit was filed by the Wisconsin family of 5-year-old Payton Anderson, who was born with a cleft […]

A verdict of $3 million has been returned against Janssen Pharmaceuticals, Inc., a Johnson & Johnson unit, in a case alleging the company failed to warn about side effects associated with its epilepsy drug Topamax during pregnancy. The lawsuit was filed by the Wisconsin family of 5-year-old Payton Anderson, who was born with a cleft lip after her mother, Kelly, took Topamax to treat chronic migraines while she was pregnant. Philadelphia County Court of Common Pleas heard on Tuesday that Janssen allegedly didn’t update the label on Topamax to warn about recent research showing that it can increase the risk of cleft lips and cleft palates in newborns.

According to Law360, the lawsuit was first filed in December 2011. It is the third case of its kind filed in Philadelphia to go to trial, and court records show that more are on the way; over 130 additional lawsuits are pending as part of the a mass tort litigation. The previous two cases to go to trial returned verdicts in favor of the plaintiffs. A $4 million was returned in October and a family won $10 million after a verdict returned in their favor in December. A fourth Topamax lawsuit in Philadelphia went to trial late last month.

In 2010, Janssen agreed to pay over $81 million in response to an inquiry by the U.S. Department of Justice over its off-label marketing of Topamax.

In closing arguments on Tuesday, plaintiffs’ parties argued that Janssen had been receiving reports of craniofacial defects such as cleft lips and cleft palates since 2000. Despite this, they argued, they did not ask the U.S. Food and Drug Administration (FDA) to re-categorize the medication as a “Pregnancy Category D drug”, which warns consumers that human studies or adverse reaction data show there is evidence of fetal risk. At the time, Topamax was a Category C drug, which warns that risk of fetal complications have been shown in animal studies. The FDA re-categorized Topamax as Class D in March 2011.

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
I am more than satisfied with Parker Waichman, especially my attorney Shelly Davis. They literally made this difficult process effortless for me. I was kept informed immediately as soon as they were informed. The process went much faster than I thought it would and that is directly a result of Parker Waichman staying on top of my case. I would highly recommend this firm, they don,t treat you as a case they treat you as a person in need of assistance.
Deborah White
3 years ago
5 Star Reviews 150
Good group Juliana, Aurora and Jorge They helped me a lot in my case. I recommend it to everyone, it is a very good group and fast.
Tony Figueroa
6 months ago
5 Star Reviews 150
Christina Morace was not only an an amazing expert in helping us navigate thru the required paperwork for the VCF 9/11 Fund claim, she was also so wonderful in helping us get through the emotional toll of this process. She gave us clarity and encouragement for 3 years now. She was truly helpful and very very kind. We ( including my sister who has passed) feel so fortunate to have Tina "on the case", as expert and friend. We are grateful to Tina and the services of Parker Waichman. Thank you so so much. With much gratitude Sharon Carr (deceased) Karen Carr (sister of deceased) Yvette Christofilis (sister-in-law of deceased)
Yvette Christofilis
a year 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