Drugs And Birth Defects

Topamax, Depakote, Paxil, and Zoloft are among the many prescription medicines that have been found to be create a much higher risk of birth defects than the manufacturer had been claiming in reports to the FDA.

The manufacturers of each of these drugs, and several others, are liable for any negligent or intentional hiding of information that could have helped doctors make better decisions about how and when to prescribe these drugs. If a doctor who prescribed one of these drugs relied on misleading information that the manufacturer published or gave to the FDA, that corporation may be liable for birth defects in children born to mothers who were taking one of those drugs.

Birth defects are among the most harmful injuries these drugs have caused. Mothers and fathers across the United States are left to help children who have been harmed by profit-making, and often illegal, acts of the drug makers.

Many of the largest lawsuits against pharmaceutical manufacturers come about because the company that made the drug did not fully disclose the drug’s risks.

If the prescription drug maker knows of heightened risk for particular problems, such as birth defects, the company has a duty to share complete and accurate information with the FDA, doctors and patients. Often, companies have intentionally or negligently hidden some of that information.

Sometimes, the company may admit to a certian level of birth defect risk, other times they reveal nothing at all about birth defects. In both situations, the drug maker has violated federal law and has committed what lawyers call “tortious acts” against the patients who end up taking those drugs.

Often, the negligent or criminal company executives argue that the doctors had complete information and only the doctors should be liable for any injuries that result. This defense tactic is improper and futile when the company has not fully disclosed what they knew about the full extent of the safety risks as soon as they knew it. In many cases, the doctors were not informed of the results of clinical research the company conducted. In that situation, it is the drug manufacturer that is properly held responsible.

Please feel free to contact me if you have a personal injury or wrongful death or products liability matter because of pharmaceutical drug use.  I’ll be happy to see if I can give you a hand.

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