Topamax Lawsuits

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Recent research has indicated a potential connection between the use of the anticonvulsant drug Topamax during pregnancy and the development of a number of birth defects in infants exposed to the drug in utero. In fact, the FDA has increased the pregnancy category of Topamax and it’s generic form topiramate, from C to D, meaning the drug has the potential to cause significant, unreasonable harm to a human fetus. If you took Topamax while you were pregnant and subsequently gave birth to a child with one or more birth defects including cleft lip, cleft palate or genital defects, contact a Topamax attorney as soon as possible. You may have grounds to file a Topamax lawsuit against drug manufacturer, Johnson & Johnson in order to collect compensation for your injuries. For a free attorney claim review, fill out the Topamax Claim Review Form and discuss your legal options with an experienced Topamax lawyer. Topamax attorneys operate on a contingency basis, which means your lawyer won’t collect payment unless your birth defect lawsuit is successful.

Topamax is an anticonvulsant medication manufactured by Johnson & Johnson which has been approved to treat both migraine headaches and epileptic seizures in adults and children ten years and older. Although these are its only FDA-approved uses, Topamax is also often used for off-label purposes, including treatment for obsessive-compulsive disorder, certain eating disorders, and bipolar disorder. The active ingredient in Topamax is topiramate, which functions by slowing down impulses in the brain which are responsible for causing seizure-related episodes. Despite the drug’s popularity as an anti-seizure and migraine medication, recent studies have discovered a potential link between the use of Topamax while pregnant and birth defects in infants.

Topamax and Birth Defects

The birth defects and side effects which studies have shown may be associated with the use of Topamax by women who are pregnant include:

  • Genital defects (hypospadias) – a defect of the male genitalia in which the opening of the urethra is located on the underside, rather than at the end, of the penis
  • Cleft lip – a craniofacial defect affecting the formation of the upper lip in utero
  • Cleft palate – a craniofacial defect involving the fusion of the palate, or roof of the mouth

Topamax and Birth Defect Lawsuits

Defective drug litigation can be a complicated process, but with the help of a qualified Topamax attorney, you can feel confident that your potential Topamax birth defect claim will be effectively represented by a professional. There are different aspects of defective drug litigation which a Topamax lawyer can inform you of, including whether your injuries were caused by negligence, breach of warranty, misrepresentation, or strict liability.

  • In the case of negligence, you, as the victim, must prove that the manufacturer or distributor acted carelessly, resulting in your injuries
  • Breach of warranty means that the drug manufacturer has failed to fulfill its promise to provide a safe product
  • Misrepresentation means that manufacturer mislead consumers to make them think that the product was safer than it really is
  • In cases of strict liability, the manufacturer and/or the distributor are liable for a product defect which they were aware of but failed to correct before making the product available to the public

Defective drugs have the potential to cause significant, life-threatening side effects for children who are exposed to them in utero. In some cases a defective drug may even result in fatality. Unfortunately, some pharmaceutical companies conceal the more serious side effects associated with their medications in order to expedite the FDA approval process. In other cases, drug manufacturing companies may misrepresent or manipulate their drugs’ statistics in order to avoid a recall or other negative consequences. This misleading practice puts consumers unknowingly at risk of suffering severe side effects. In fact, there may even be certain medications on the market whose potential for harm significantly outweighs the possible benefits of the drug.

Filing a Potential Topamax Birth Defect Lawsuit

The goal of defective drug lawsuits is to seek financial reimbursement for the injuries sustained by topiramate birth defect victims, the medical expenses associated with injury treatment, and the pain and suffering sustained by victims and their families. Defective drug lawsuits also bring attention to the importance of safe medications and the need for more restrictions on the potentially dangerous drugs already on the market. By filing a potential Topamax class action lawsuit against Johnson & Johnson, victims of cleft palate, cleft lip and genital defects possibly resulting from Topamax use can collect the compensation they deserve.