Understand your legal rights after suffering a serious side effect or birth injury after taking Depakote
Depakote is a prescription medication that is used to treat seizures and certain other health conditions. While you can minimize your chances of having side effects while using Depakote by following your doctor’s instructions, it’s still possible to develop significant complications that impact your health or the health of your unborn baby.
If you or a loved one has suffered a serious side effect after using Depakote, it’s crucial to understand your rights under Alabama law. At Nomberg Law Firm, we can guide you through your legal options for recovering financial compensation after using a defective drug.
Get started by scheduling a free consultation with one of our experienced Columbia personal injury attorneys today.
What is Depakote prescribed to treat?
Depakote is recognized as an anticonvulsant that was first approved for use by people with epilepsy in 1983. By 1995, it received FDA approval for use to control the symptoms of bipolar disorder, and the approved uses of the medication expanded in 1996 to include migraine prevention.
The medication works by preventing the breakdown of a special chemical in the brain that is referred to as GABA. This chemical is a neurotransmitter that serves the important function of calming the nervous system. If you lack proper levels of GABA, it can cause your brain to become overstimulated.
This is why you’ll see doctors prescribe Depakote for conditions that involve excessive brain activity, such as epilepsy, migraines and bipolar disorder. In some cases, Depakote might be prescribed along with other medications to manage health conditions that include schizophrenia, which is considered to be an off-label use.
What are common side effects and complications of Depakote?
Similar to other types of medications, the side effects that are associated with Depakote range from mild to severe. For some people, the mild side effects are temporary as their body adjusts to the medication.
When you first start taking Depakote, you might feel nauseous or drowsy or have diarrhea. Some people also experience weight loss, which could be associated with other side effects.
More serious complications include:
- Liver damage
- Inflammation of the pancreas
- Increased symptoms of depression
- Birth defects
It’s important to know that the medication is linked to birth defects when people use Depakote during pregnancy. These birth injuries can include:
- Neural tube defects like spina bifida
- Cleft palate
- Clubbed foot
- Cognitive and behavioral disorders
Can Depakote cause permanent damage?
Yes. While mild side effects of Depakote typically go away once someone stops using the medication, you could experience long-term damage if you exhibit one or more of the severe complications. For instance, liver damage and pancreatitis can be lifelong health issues that require ongoing treatment, and birth injuries could impact your child’s well-being for the rest of their life.
What’s led people to file lawsuits against Depakote?
In the early months of 2013, over 3 dozen people filed lawsuits against Abbott Laboratories, which is the company that manufactures Depakote. These lawsuits pertained to minor children who developed serious birth defects after their mothers used the medication during pregnancy.
These children suffered from spina bifida along with heart defects that the plaintiffs claimed were from not being warned about the dangers of using Depakote during their pregnancies.
Have any of the Depakote lawsuits been successful?
At first, the courts considered trying the many different lawsuits as a class action lawsuit but, instead, decided that most of the cases should be handled individually.
While some families have received millions in compensation for birth injuries that impacted their child’s life, it’s also important to consider the impact of the Department of Justice’s investigation into how the company misbranded the drug. In May of 2012, Abbott Laboratories pleaded guilty to the misbranding of Depakote, which led to a $1.5 billion settlement.
Today, Depakote must carry a black box warning, which makes it clear that using the medication can lead to serious congenital health conditions along with life-threatening pancreatitis. Now, doctors typically only prescribe the medication to pregnant women when the benefits outweigh the risks, and you should expect to be fully informed of the complications that could occur when you use Depakote during pregnancy.
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When can you file a lawsuit for a serious complication from Depakote?
You may be able to file a lawsuit for a serious complication from Depakote under several circumstances if the complication can be directly linked to the use of the medication. Here are some key scenarios where filing a lawsuit might be appropriate:
- Birth injuries or defects. If Depakote was used during pregnancy and the child was born with birth defects or injuries, such as neural tube defects or cognitive and behavioral disorders, this could be grounds for a lawsuit.
- Failure to warn. If the manufacturer or health care provider failed to adequately warn about the serious side effects and risks associated with Depakote, especially during pregnancy, they might be liable.
- Misbranding or misrepresentation. If there was any misbranding or misrepresentation regarding the safety and potential side effects of Depakote, users who suffered complications might have a case.
- Developing severe health conditions. If the use of Depakote led to the development of severe health conditions like liver damage, pancreatitis, or increased symptoms of depression, and these were not adequately disclosed as risks, this might be a basis for legal action.
- Negligence in prescription. If a health care provider negligently prescribed Depakote, especially in scenarios where it should have been avoided (like during pregnancy or when safer alternatives were available), this could constitute medical malpractice.
- Informed consent. If the patient was not properly informed about the risks of using Depakote and provided informed consent, this could also be a reason to file a lawsuit.
It’s important to note that each case is unique, and the viability of a lawsuit depends on specific circumstances, including medical history, the nature of the complications, and the details of how Depakote was prescribed and administered.
Successful harmful drug claims will typically include compensation for medical expenses, lost wages, pain and suffering, and anticipated costs for medical care in the future.
Consulting with a knowledgeable attorney who specializes in pharmaceutical litigation is crucial to understanding the specifics of your case and determining the best course of action.
How long do you have to file a claim in Alabama?
In Alabama, the statute of limitations for medical malpractice lawsuits is typically 2 years from the date of injury. However, there are some instances where the timeline can be expanded. For instance, a birth injury might not be readily apparent until your child fails to meet their developmental milestones.
Since each case is different, it is best to reach out to an attorney even if you have passed the 2-year mark. They’ll take a look at your situation to determine if special circumstances exist that could lengthen the statute of limitations in your case.
Were you or your child injured by the drug Depakote? Nomberg Law Firm can help you get the compensation you deserve.
Those who experience complications from Depakote may already be dealing with serious health issues that impact their ability to file a timely claim. Whether you’ve just become aware of how Depakote might have impacted your health or you suspect that your child’s health condition is linked to the medication, it is important to reach out for legal advice right away.
At Nomberg Law Firm in Alabama, we understand your struggle and are here to support you. The journey through health challenges, especially when they affect your loved ones, can be daunting and overwhelming. If you or a family member has suffered from serious side effects or birth defects linked to Depakote, know that you are not alone.
Our skilled Birmingham personal injury attorneys are committed to providing you with the legal guidance and empathy you need during this trying time. Reach out to us today for a free consultation, and let us help you on your path toward healing and financial resolution.