${site.data.firmName}${SEMFirmNameAlt}

Did the drug Depakote cause birth defects?

New parents in Maryland may be interested to hear that claims filed against Abbot Laboratories, the manufacturer of the prescription drug Depakote, by hundreds of plaintiffs has been removed to federal court because it is a mass-action lawsuit with more than 100 people trying their related claims jointly. Depakote was approved by the U.S. Food and Drug Administration in 1983 and is prescribed to treat certain types of seizures, manic-depressive disorder and headaches. The plaintiffs allege that during the mother's pregnancy they took Depakote, causing their children to suffer birth defects. The plaintiffs want to hold the company liable for damages for continuing to market and sell the drug despite knowing of its risks.

A medical study from two years ago revealed that taking Depakote increased the risk of spina bifida by 12 times with use of the medication during pregnancy. Spina bifida is a condition that occurs when the spinal canal and the backbone do not close properly in the developing fetus. The plaintiffs claim that their children were born with spina biflda, neural tube defects and other birth defects.

Maryland families should understand that a pharmaceutical manufacturer's primary duty is to physicians. A pharmaceutical manufacturer may be liable when a drug causes birth defects if the plaintiffs can prove that the manufacturer failed to warn of the drug's potential side effects.

Although the manufacturer must research a drug's possible side effects before putting it on the market and inform the physician of all risks, it is up to the physician to determine whether a drug is appropriate for the patient. The pharmaceutical company's only duty is to manufacture drugs that will be reasonably safe when used as intended. The physician must warn patients of the drug's risks.

Source: Courthouse News Service, "Abbott Seizure Med Cases Aren't Fit for State Court," Joseph Celentino, Oct.18, 2012

No Comments

Leave a comment
Comment Information

Contact Cooper Law Firm Today A Diverse Professional Legal Team, Always Accessible to You. Call 866-405-0124.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response
contact-map

office location

Cooper Law Firm
8720 Georgia Avenue, Suite 701
Silver Spring, MD 20910

Toll Free: 866-405-0124
Phone: 301-587-9170
Fax: 301-589-1585
Silver Spring Law Office Map