"One of the nation's premier plaintiffs' firms."
"Representing the best qualities of the plaintiffs' bar."
The National Law Journal
"Their effective and caring advocacy for clients has earned Lieff Cabraser its first-class reputation."
The Daily Journal
Topamax and Birth Defects
- Issue: Dangerous side effects
Topiramate Pregnancy Risks & Lawsuits
Topamax is the brand name of the drug topiramate which is prescribed for the treatment of seizures associated with epilepsy and migraines in adults. It is also sold in generic form. Use of topiramate by pregnant women has been associated with children born with a cleft lip, cleft palate, spina bifida and other birth defects.
In March 2011, Johnson & Johnson, the manufacturer of Topamax, issued a statement that it was strengthening the warnings on the drug following the outcome of post-market studies. Data from the North American Antiepileptic Drug Pregnancy Registry shows that cleft lip and cleft palate occurred in 1.4% of infants exposed to topiramate alone in the first trimester of pregnancy. That compares to a rate from 0.38% to 0.55% in infants exposed to other antiepileptic drugs.
Legal Rights of the Injured
The law in most states provides several personal injury claims for persons who have been seriously injured by a prescription drug. These claims include strict liability for a defective product, breach of warranty, negligence, and misrepresentation. Damages sought against pharmaceutical companies for dangerous drug side effects and injuries include:
- Physical pain and suffering, mental anguish and physical impairment;
- Medical expenses, past and future; and
- Loss of earnings and/or earning capacity.
In the case of a patient's death, the family of the victim may file a wrongful death action and seek damages.
Contact Lieff Cabraser
If you or a family member took Topamax during pregnancy we would like to hear about your experience. Please click here to contact a personal injury attorney at Lieff Cabraser to discuss your legal rights at no cost or obligation, or call attorney Heather A. Foster toll-free at 1.800.541.7358.
Further Information on Birth Defect Injuries
You can learn more about birth defect injuries and the rights of affected parents and children on our Birth Defect Legal Resources companion website.