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ARTICLE ID 191770

$________ – PRODUCT LIABILITY – FAILURE TO WARN OF BIRTH DEFECTS RISKS ABOUT TOPAMAX – NEGLIGENCE, FRAUD AND MISREPRESENTATION – MINOR MALE BORN WITH CLEFT LIP AND CLEFT PALATE.

Philadelphia County, PA

The plaintiff mother in this negligence action maintained that she was prescribed the defendant pharmaceutical companies prescription drug Topamax for the treatment of headaches. While taking the drug, the plaintiff became pregnant and gave birth to a son with a cleft lip and palate. The defendant drug company denied all allegations of negligence.

The plaintiff mother alleged that she was prescribed Topamax by her family doctor for the treatment of migraine headaches from August ________ to February ________. Topamax is a prescription medication manufactured by the defendant that is an epileptic seizure prescription medication that is useful in treating headaches. In early ________, the plaintiff became pregnant with the minor plaintiff and in September of ________, she gave birth to her son who was born with a cleft lip and a cleft palate. The minor has required at least four surgeries to correct the condition.

The plaintiffs maintained that the defendant company failed to research the drug Topamax thoroughly and failed to provide sufficient warning to women and their physicians about the risk of birth defects, including oral clefts and genital malformations, when Topamax is used during pregnancy. The defendant pharmaceutical company denied all allegations of negligence and claim that the drug came with adequate warnings of the risk of birth defects for which the plaintiff’s doctor should have informed the plaintiff mother. The defense also maintained that oral clefts are relatively common birth defects that can also occur from genetics, maternal smoking and other prescription drug use.The jury found that the defendant did fail to adequately warn physicians of the extent of the risks of birth defects from Topamax use and that the plaintiff’s use of Topamax was a factual cause of harm to the minor. The jury awarded the plaintiffs $________ in pain and suffering and $________ in future medicals, for a total of $________.

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