Topamax Lawsuit

Topamax can result in serious birth defects such as cleft palate or cleft lip.  These abnormalities occur when parts of the soft and hard palate fail to completely fuse together.  The defect can result in a notched lip, or in severe cases, an open groove that extends from the nose to the roof of the mouth.  Cleft lip and cleft palate birth defects can also cause problems eating and communicating, and can increase the risk of ear infections.

In 2009, the makers of Topamax were accused by the Department of Justice of promoting the drug to physicians for unapproved purposes.  Such promotions are called “off label” since they encourage use of the drug for purposes not listed on the packaging, and therefore not approved by the FDA.  As a result, the manufacturers of Topamax plead guilty and paid $75.37 million for violating the False Claims Act, as well as $6.14 million in criminal fines.

Topamax is an anti-convulsant drug used to treat epileptic seizures.  In addition, Topamax is also prescribed to help prevent migraine headaches.  The chemical name for Topamax is Topiramate, and its generic name is Topiragen. 

A product liability or defective product claim for Topamax is a type of pharmaceutical claim in which a person is injured as the result of taking a medication.  When a drug is prescribed by a doctor, it is usually assumed that the medicine will help treat a medical condition or help in recovery.  Unfortunately, some drugs have dangerous side effects which can be serious or even life-threatening.  The cleft lip and palate birth defects were not originally listed as side effects of Topamax, prompting the FDA to update the pregnancy warnings.

At O’Hanlon, McCollom & Demerath, our attorneys understand that your child’s birth defect may not be your fault – instead, possibly a side effect of Topamax.  Our expertise and experience, combined with our highly trained staff, make us uniquely well-equipped to handle even the most complex products liability claims.  If you suspect your child has a Topamax injury such as cleft palate or cleft lip, and you need to talk to a seasoned team of professionals, please contact us immediately for a free consultation.

Topamax has been shown by numerous studies to cause serious birth defects, such as cleft lip or cleft palate. Serious malformations may require expensive surgery or speech therapy, which can be costly. If your infant has a congenital birth defect due to Topamax, we can help you obtain the compensation you deserve to properly treat the defect. Contact our firm today to see if you qualify for a Topamax lawsuit.