A Tennessee woman is suing Abbott Laboratories and AbbVie Inc., for allegedly causing her baby to be born with devastating birth defects.
Ultimately, the plaintiff claims that in direct result of ingesting the defendants’ mood stabilizing drug, Depakote, her child was born with permanent hindrances.
Plaintiff Angela B. claims the company was aware that the antidepressant could potentially induce birth defects if the drug was ingested by the mother during pregnancy, yet still advertised the drug to her.
The child was born in December 2007, with multiple congenital birth defects, several cognitive impairments, and neurological disorders.
Angela was prescribed Depakote at some point before her pregnancy to help manage her bipolar disorder. At all times during her prescription, she followed all prescription instructions and physician advice. Despite this diligence, the plaintiff’s child was born with multiple birth defects, and will most likely need intense therapy throughout life.
Several years after the child was born, Angela was devastated to learn that it may have been her Depakote prescription that caused the birth defects.
On July 15, 2013, the defendants had issued a Dear Doctor Letter titled “Important Drug Warning”, in which AbbVie announced that Depakote and other valporate products would receive a major update for the products’ safety labels.
More specifically, the warning letter stated that Depakote is a category X drug, which carries a significant risk against unborn fetuses.
Angela insists that she never would have taken Depakote if she had known the risks of birth defects, and is filing legal action against the companies for concealing this vital safety information.
Among the complications Angela’s child was born with, some included urethral obstructions, ADHD, and language and mathematic disabilities.
As mentioned before, the child’s specific needs will most likely require individualized education and therapy, as well special education services in specific educational settings.
This will most likely result in massive financial costs, lost wages, and other impairments throughout life. Ideally, Depakote would have provided Angela an efficient and safe method to manage her bipolar symptoms, without compromising the safety of herself or her baby.
Overview of Depakote Birth Defects Complications
The main ingredient of Depakote, valporic acid, was first introduced in the United States in 1983 to treat seizures. Depakote was later approved to treat migraines and bipolar disorders, and quickly became a staple recommendation for its mood-stabilizing abilities.
Despite becoming quite popular in the patient population, many experts quickly became concerned over the possible threat the drugs posed to unborn fetuses.
Even before the warning letter, experts suspected that Depakote posed the risk of birth defects for quite some time, and constantly warned physicians from prescribing it to women who were, or could become, pregnant.
Unfortunately, AbbVie and Abbot did not heed to the concerns, resulting in numerous children being born with unexpected birth defects.
Angela’s lawyers state that the defendants had the civil responsibility of warning their client and other Depakote patients of this complication, because they rely on the information given on the product.
As a result of the companies allegedly being responsible for manufacturing, selling, distributing, and marketing a dangerous drug, Angela is suing AbbVie Inc. and Abbot Laboratories. The charges include: negligence, false advertising, concealing information, and misrepresenting a product.
This Depakote Birth Defects Lawsuit is Angela B. v. Abbot Laboratories and AbbVie Inc., Case No. 3:15-cv-01098-NJR-SCW, in the U.S. District Court of Southern Illinois.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The birth defect attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. [In general, birth defect lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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If you or a loved one took Zoloft, Prozac, Lexapro, Effexor, Celexa, Cymbalta or Depakote during pregnancy and gave birth to a child with a congenital defect, you may have a legal claim against the drug’s manufacturer. Find out if you qualify to pursue compensation for your child’s medical expenses, pain and suffering, and other damages by filling out the form below now.
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