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Depakote Plaintiffs Allege Off-Label Marketing, Birth Defects

Filed July 27th, 2012 Laurie

Twenty-seven people are suing Abbott Laboratories claiming that after they ingested the seizure medication Depakote during their first trimester of pregnancy, their children were born with birth defects, including spina bifida, cleft palate, cleft lip, limb and digital deformities, facial dysmorphism, mental developmental delays, genitourinary malformations and heart defects.

Depakote, while approved to treat seizure disorders, is often prescribed for off-label purposes, such as mild depression, bipolar disorder, and chronic pain disorders.

According to the complaints, even though Abbott knew Depakote was a risky drug for pregnant women to take, it failed to warn the plaintiffs and their doctors about the associated risks.

The plaintiffs claim that because of their ingestion of Depakote, their children have suffered severe and permanent injuries and experienced physical impairment, disfigurement, and pain and suffering.

They allege strict products liability and negligence against Abbott, and are seeking actual damages, costs, and other relief.

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