Did Depakote Cause My Child’s Birth Defect?

Daniel Jeck | | Birth Injury Articles
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Almost 700 lawsuits have been filed against the AbbVie Inc., the manufacturer of Depakote, a valproic acid drug commonly prescribed to treat bipolar disorder and epilepsy. Depakote was introduced in 1983 by Abbot Laboratories as an anti-seizure medication. In 2013, the company spun off into AbbVie. Many of these lawsuits were filed by mothers who took the drug during early pregnancy and conceived children with birth defects, such as spina bifida. The plaintiffs claim they were not warned of potential birth defects.

A 2010 study published by the New England Journal of Medicine found women taking Depakote during the first trimester are 12 times more likely to give birth to a child with spina bifida than women who are not taking the drug. Spina bifida is a condition where the spinal column fails to close during fetal development. The study also found an increased risk of cleft palate, abnormal skull development and heart defects. In addition, the Food and Drug Administration (FDA) issued a warning in 2013 that valproic acid drugs may be linked to a lower IQ.

Spina bifida is a serious disability that can result in lifetime costs in the millions of dollars. These costs include hospital care, medical equipment, home modifications and lost income. According to the Centers for Disease Control and Prevention (CDC), children with this condition may have damage to the spinal cord and can suffer from paralysis. Children with spina bifida may also have an intellectual disability.

Can I File a Lawsuit for Depakote Birth Defects?

Pharmaceutical companies have an obligation to ensure their products do not contain defects. These companies must also warn consumers if there are harmful side effects. If you took Depakote during pregnancy and your child was born with a birth defect, you may be able to file a defective drug lawsuit. The product liability attorneys at Eisenberg Winkler Jeck Schwartz Schoenhaus & Sherry, P.C., can help you discover your available legal options for pursuing damages.

Daniel Jeck | Personal Injury Attorney
Author: Daniel Jeck | Personal Injury Attorney

With over 33 years of courtroom experience, shareholder and senior litigator at Eisenberg Winkler Jeck Schwartz Schoenhaus & Sherry, Daniel Jeck knows what it takes to win big. He has successfully litigated and tried complex medical malpractice and other catastrophic injury cases, including construction accidents, and products liability cases to verdict for over three decades. He has had a multitude of six, seven and eight figure verdicts and settlements dating back to the early 1990’s. Mr. Jeck is also leader of the Plaintiff’s trial bar in Philadelphia and Pennsylvania, is active in legislative efforts across the Commonwealth to keep our courts open and fair to all and is a recent president of the Philadelphia Trial Lawyers Association. A Pennsylvania native born in Philadelphia, he earned his Bachelor of Arts degree from Pennsylvania State University and his J.D. from Temple University School of Law. Mr. Jeck focuses his practice on complex medical malpractice and catastrophic personal injury cases. He continues to personally handle and tries cases in state and federal courts in Pennsylvania, New Jersey, and New York.