It is well known in Delaware and in other states that many medications can harm an unborn child if taken while a woman is pregnant. Unfortunately, some medications are still prescribed to pregnant mothers that can harm unborn children and may result in birth injuries. One family in another state has been awarded $15 million by a jury for the physical defect her son suffered that may have resulted from the drug Depakote.
The child's mother was diagnosed with bi-polar disorder and was prescribed a drug called Depakote while she was pregnant. The now-10-year-old boy was born with spina bifida, which is a birth defect affecting the child's spine. The degree of spina bifida can result in varying disabilities for a person's entire lifetime. Lawyers argued in the lawsuit that the drug company inadequately informed physicians of potential risks to unborn children when ingested by expectant mothers.
Lawyers for the drug company attempted to argue that there was no evidence to prove that the child's condition was a result of the drug. Also, they claimed that physicians were adequately informed of the drug's risks, but the jury did not agree. The manufacturer of Depakote has faced many lawsuits in other states, and it has been ordered to pay millions in many of the cases.
There are many reasons why birth injuries occur. Whatever the reason, injuries can result in a lifetime of medical care and assistance. Medical care and therapy can be very expensive but are oftentimes necessary. Delaware residents who suspect that their children may have been the victim of a preventable birth injury may benefit from discussing their legal options with an experienced medical malpractice attorney. If financial compensation is able to be obtained, it may help to cover related medical and therapy expenses.
Source: insurancejournal.com, "Illinois Jury: AbbVie Must Pay $15M in Depakote Birth-Defect Case", Nate Raymond, June 12, 2017