Infant Neural Tube Birth Defect Attorneys
Parker Waichman LLP is investigating potential claims involving Triumeq (a medication used for treating HIV) and the development of neural tube birth defects in infants born to women who took Triumeq in the early stages of pregnancy. If you were taking Triumeq while pregnant and your baby developed neural tube birth defects, you may be entitled to compensation.
Triumeq Linked to Debilitating Neural Tube Birth Defects
Triumeq is a relatively new drug used to treat patients living with the human immunodeficiency virus (HIV). Triumeq is often taken in conjunction with other HIV drugs to keep the virus suppressed in a person’s body. If successful, HIV drugs can prevent a person from spreading HIV. Additionally, such HIV drugs can help to prevent the development of acquired immunodeficiency syndrome (AIDS), which is often life-threatening. While Triumeq and other HIV drugs may help patients keep the virus at bay, there are many risks associated with taking Triumeq.
One significant risks associated with taking Triumeq is the development of neural tube birth defects when a woman uses the drug in the early stages of pregnancy. Neural tube birth defects can prevent a baby from developing a normal brain, spinal cord, and other essential bodily functions. A baby is not likely to live a normal life if he or she suffers from neural tube birth defects, as such defects are often permanent. While some neural tube birth defects may be treatable, a baby is likely to suffer limitations as he or she grows after birth and may require long-term medical care.
The Food and Drug Administration (FDA) Issues Public Health Notification Regarding Triumeq
The Food and Drug Administration (FDA) frequently publishes health and safety notifications when the agency determines that a drug or medical device has proven to be unsafe in some way. The FDA often becomes aware of safety issues associated with a particular drug or medical device when results of clinical or observational studies demonstrate certain patients are suffering injuries or death related to using the drug or medical device.
The FDA may also become aware of safety issues regarding a drug or medical device when the agency receives adverse event reports (AERs) from doctors, patients, and others in the medical community. If the FDA finds that there is an increased risk that certain patients will suffer harm because of a drug or medical device, it publishes a safety alert to inform patients and doctors about the increased risks.
Just last month, on May 18, 2018, the FDA published a safety notification regarding Triumeq and the link to neural tube birth defects. The FDA discovered this link after reviewing the initial results of an ongoing observational study of pregnant women in Botswana who were taking Triumeq during the early stages of pregnancy. The study found that unborn babies were at risk for developing neural tube birth defects when the mother was taking Triumeq at the time of conception or some other point in the first trimester. The FDA’s public health notification states that so far, there have been no neural tube birth defects associated with taking Triumeq in the second or third trimester of pregnancy.
FDA Recommendations for Women and Doctors Regarding Triumeq and Pregnancy
The FDA’s public health notification recommends that women taking Triumeq should continue taking the drug until speaking with their doctors whether these women are already pregnant or are considering getting pregnant. The FDA also recommends that doctors inform women about the risk of neural tube birth defects and taking Triumeq during the early stages of pregnancy. Such warnings can help to prevent future neural tube birth defects associated with Triumeq to treat pregnant women with HIV.
Duty to Warn – What the Manufacturer Knew About Triumeq and Neural Tube Birth Defects
When a manufacturer develops a drug and proceeds to sell that drug after FDA approval, the manufacturer has a duty to ensure all known risks are communicated to physicians and patients. Many manufacturers speed up the development process to get a drug on the market faster, which creates a situation where manufacturers do not adequately investigate all potential risks associated with a drug. One very important risk to consider with any drug is whether the drug is safe during pregnancy. In most cases, manufacturers provide information to patients and physicians regarding the safety of a drug during pregnancy.
However, in the case of Triumeq, which is manufactured by ViiV Healthcare, no information regarding the safety of Triumeq during pregnancy has been communicated to patients and physicians. Because the FDA has only recently discovered that Triumeq is not safe during the early stages of pregnancy (based on the ongoing study in Botswana), numerous babies have already suffered neural tube birth defects. While some risks associated with a drug may not be discovered until after a drug is on the market, risks associated with a drug used during pregnancy is something that should be investigated before a drug comes on the market – not after.
As such, the FDA, not ViiV Healthcare, has taken the initiative to issue a safety notification to patients and physicians to ensure they are aware of how serious the link is between using Triumeq early in pregnancy and the development of neural tube birth defects. But, because so many pregnant women on Triumeq have already given birth to babies with neural tube birth defects, they may have valid claims against ViiV Healthcare alleging that the manufacturer knew or should have known about the true risks of taking Triumeq during pregnancy. By filing product liability lawsuits alleging failure to warn, injured plaintiffs will learn what ViiV Healthcare knew about the risks of taking Triumeq during the early stages of pregnancy, and when ViiV Healthcare knew about such risks.
Find Out if You Have a Potential Triumeq Claim
To find out if an injured plaintiff may file a Triumeq lawsuit, an attorney must first evaluate all relevant facts by asking questions which include, but may not be limited to, the following:
- Was the mother taking Triumeq at the time of conception or during the early stages of pregnancy?
- Did the unborn baby sustain neural tube birth defects?
- Was the mother taking any other medications at the time of conception or during the early stages of pregnancy?
- Has the statute of limitations period expired to file a Triumeq lawsuit?
It is important for mothers whose children sustained neural tube birth defects to know that any claim against the manufacturer would be on behalf of the child, not the mother. As such, the time period for filing a lawsuit will be different for a minor than for an adult. In most situations involving minors, the statute of limitations period will not expire until the child reaches the age of eighteen (18). However, all states have differing laws, so the limitations period may be much shorter depending on where a baby was born.
Parker Waichman LLP – A Law Firm that Has Obtained More than $2 Billion in Compensation
At Parker Waichman LLP, our trial attorneys are nationally-recognized for providing superior legal representation that has helped their clients recover the compensation they deserve. Parker Waichman LLP has recovered more than $2 billion collectively for injured clients, demonstrating the firm’s ability to fight endlessly for each and every client. Because of such success, Parker Waichman LLP has received the following positive ratings:
- 9.8/10 Rating by AVVO (Rating Every Attorney in the U.S.);
- “Preeminent Lawyers” AV Peer Review Rating (Martindale-Hubbell®);
- Highest Ranking of “5 Dragons” Based on Peer Review by Lawdragon; and
- Listing in Best Lawyers Publication Determined by Extensive Peer Review.
To find out additional information about how Parker Waichman LLP has been able to help so many clients receive compensation for their injuries, it is important to speak with a member of our legal team.
Contact Parker Waichman LLP Today to Schedule a Free Consultation
If you were taking Triumeq during the early stages of pregnancy to treat HIV and your baby sustained neural tube birth defects, it may be time to discuss your situation with a qualified Triumeq lawsuit lawyer.
At Parker Waichman LLP, our Triumeq lawsuit attorneys will thoroughly evaluate your potential claim to determine if you are eligible for compensation.
To schedule your free infant neural tube birth defect consultation to discuss your potential claim, contact our office today by calling (800) YOUR-LAWYER (968-7529).
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