I Took A Drug Called Depakote While I Was Pregnant And My Child Had Birth Defects. Can I Sue For Damages?

If you have taken any drug while you were pregnant that resulted in birth defects for your child, yes, you can sue the drug company, provided that you meet some standard requirements. If you believe that your child’s birth defects were caused by a prescription drug, you should speak with an attorney.

Depakote is the name for the drug divalproex sodium. It was developed to treat seizures, as well as bipolar disorder and migraines. However, for years mothers have alleged that the drug caused birth defects in their children, in particular brain defects.

A long-term study looked at almost 700,000 children over a 10 year period. The study found that mothers who took Depakote while they were pregnant had approximately a 4.5 percent chance of having a child with autism. Mothers who did not take the drug had approximately a one percent chance of having a child with autism. According to scientists, Depakote impacts the development of the nervous system, which can result in autism. Another study found a link between Depakote and children with spina bifida, cleft palates, abnormal skull development, and other defects.

In 2013, the FDA released a warning about Depakote. The warning mentioned that pregnant women should not take Depakote or similar drugs for the prevention of migraines, since the drugs were associated with lower IQs in children. In women who have epilepsy or bipolar disorder, the drug should only be taken if the benefits outweigh the risks of birth defects.

If you have taken Depakote while pregnant, you should consult with an attorney. Recently, a jury awarded $15 million to a boy whose mother took the drug while she was pregnant. Our team can help. Call today to learn more or to schedule a free consultation on your case.