Topamax Class Action Lawsuits

Find out more about filing a Topamax Class Action Lawsuit and get in touch with a Topamax attorney by filling out the No Obligation Contact Form to the right of this page

Individuals who sustain serious injuries potentially associated with the use of a defective drug, which are similar to the injuries sustained by a group of people resulting from use of the same drug, may be entitled to start or join a Topamax class action lawsuit. The goal of Topamax class action lawsuits is to seek financial compensation for the victims’ injuries, the medical expenses associated with injury treatment, and the pain and suffering incurred by the victims and their families. If you or a loved one has a child who suffers from a birth defect and you believe the anticonvulsant Topamax or the generic equivalant topiramate, to be the cause, you are not at fault. Drug manufacturing companies are responsible for the safety of their medications and should be held accountable for any injuries sustained by consumers of their products. In order to discuss the benefits of a potential Topamax class action lawsuit regarding alleged birth defects of cleft palate, cleft lip and hypospadias, with a qualified Topamax attorney, fill out the Topamax and Topiramate Side Effect Claim Review Form.

Filing a Topamax Class Action Lawsuit

According to federal civil procedure law, there are certain characteristics which a class action must have in order for a class action lawsuit to be filed:

  • The class must be large enough to make individual lawsuits impractical
  • There must be common claims among class members
  • The claims must be typical of the plaintiffs
  • The legal representatives must adequately protect the interests of the class members

In addition, there are several steps which must be taken before a class action lawsuit can be filed, such as:

  • A suit is filed with one or more plaintiffs on behalf of a class of individuals who have suffered a common injury or injuries
  • The plaintiff must file a motion to have the class certified, which involves determining the class size and determining whether or not the proposed class meets the standard for class certification
  • The defendants are then given an opportunity to object to the issues being adequately handled as a class action, the lead plaintiffs adequately representing the class, and the relationship between the plaintiffs and their representatives being appropriate

Due Process in Topamax Class Action Suits

Due process is a term which typically requires that a notice of the class action be sent, broadcast, or published to potential class members. Class members may then decide to opt out of the class action in order to pursue their own litigation, but they are required to give timely notice of this intention to the court. If there is a settlement proposal, the class counsel is typically instructed to send a settlement notice to all members of the certified class informing them of the details of the settlement.

Topamax Damages for Birth Defects

There are two types of awards which can result from a defective drug class action lawsuit. Punitive damages are a form of punishment for the company which has allegedly caused the class members’ injuries, and compensatory damages are used to address damages like injury, illness, loss of life, loss of income, and pain and suffering. Awards resulting from class actions lawsuits are typically paid to individual plaintiffs depending on the extent of damage or injury caused by the defective drug and sustained by that particular person. For example, potential Topamax class action lawsuits and Topamax attorneys may seek punitive damages against Johnson & Johnson for the injuries cause by their allegedly defective drug, and compensatory damages may be sought for the alleged birth defects incurred by infants who are exposed to Topamax during pregnancy.

Potential Benefits of Topamax Class Actions Lawsuits

The most significant benefit of class action lawsuits is the impact of presenting a group of people, particularly children, who have sustained common injuries while using the same medication, compared to individuals filing personal injury lawsuits. Furthermore, it is considerably more difficult to claim that the common injuries suffered by a large group of people have nothing to do with each individual consuming the same drug in question. Because of these two reasons, the court may be more sympathetic to a class, and drug manufacturing companies may be more likely to offer plaintiffs a settlement out of court. If you or a loved one has suffered birth defects like cleft palate, cleft lip or a genital defect such as hypospadias which you believe may be a Topamax side effect, fill out the Topamax Claim Review Form as soon as possible. You may be entitled to join or start a Topamax class action lawsuit with the help of a Topamax lawyer in order to more effectively seek financial compensation for your topirmate birth defects from the drug’s manufacturer, Johnson & Johnson.

Hiring a Topamax Class Action Lawsuit Attorney

A qualified Topamax class action lawsuit attorney can effectively handle your Topamax birth defect claim and reach a resolution in which your best interests are accounted for.  Topamax attorneys have years of the legal experience necessary to handle such class action lawsuits and fight for the justice of the parties affected by Topamax birth defects.  Fill out the Topamax Claim Review form on this page to get in contact with the Topamax lawyer that can best handle your case and get the financial compensation you deserve.