Topamax Birth Defect Lawsuit

Topamax Birth Defect Lawsuit Overview

With newer studies becoming available, Topamax is expected to be the target of lawsuit from families whose babies have been born with birth defects such as cleft lip and cleft palate. It wouldn’t be surprising if the lawsuit would eventually turn into an MDL Topamax class action.

These Topamax birth defect lawsuits are not necessarily premised on the idea that there should be a Topamax recall or that Topamax should have never been sold in the market in the first place (although these are both meaningful arguments).

Instead, plaintiffs' lawyers will argue that Ortho-McNeil knew or should have known that Topamax would lead to cleft lip or cleft palate on babies whose mother has been prescribed with the drug. Ortho obviously conducted clinical studies and tests prior to the drug’s release on the market as part of FDA’s requirement. What did that data show? Did they turn a blind eye to the association between Topamax and birth defects? We think they did.

Why? Research has found out that expectant moms who had been taking Topamax put their babies at a 21.3 times higher risk of oral birth defects compared to risk factors present on untreated women. Consider that. It is incredible. Let's say those number are inflated. Let's say it is just 5 times the risk. Even then you have to wonder how they could not have picked up on this in clinical trials of Topamax.

An Epileptic Drug for Non-Epileptics?

Secondly, Ortho-McNeil unethically marketed Topamax. That allegation sounds like plaintiffs' lawyers fluff so it is important to clearly demonstrate that it is true. Here's your evidence: Ortho-McNeill pled guilty to misbranding charges of Topamax which had them pay $6.14 million in criminal fines. They have also spent an additional $75.37 million to end civil allegations which were mostly used to pay back all those fraudulent Medicare claims. According to U.S. government authorities, Ortho-McNeill had made use of an old school trick in pharmaceutical sales. They have employed medical doctors that were essentially made part of their marketing and sales team. Their strategy resulted to an innumerable number of unapproved sales at even unapproved doses for medical conditions that the drug may not even be equipped to cure (or at least completely unproved to cure).

What do you think drove Ortho-McNeill? Hmmm. You guess money. You would be right. Topamax has been available since January 2007 through December 2010. The estimated prescriptions that have been issued is 32.3 million to over 4 million people in the U.S. Simply, the drug gave them a fortune - arguably even after Topamax lawsuits are concluded. What hasn’t yet been accomplished is having Ortho-McNeill repay those children whose lives have been changed because of their birth defects. Certainly, they need to be made accountable for the cost of reconstructive surgeries that is needed to correct the abnormalities of their young victims and the other damages that have been caused.

Bringing a Topamax Birth Defect Lawsuit

If you think your child has been victimized by Topamax and you want to discuss a potential Topamax birth control lawsuit or want to make a claim in hopes of acheiving a settlement to compensate your child and your family, call 800-553-8082 or get a free on-line consultation (en Espanol).