If you have developed birth defects after taking Depakote in your first trimester of pregnancy, you may qualify to file a Depakote lawsuit. The case number for this lawsuit is 1:15-cv-0057-GNS-HBB. It was filed in the U.S. District Court for the Western District of Kentucky. There are various types of lawsuits against Depakote, including Class action, Trial, and Settlement.
The FDA has issued warnings regarding birth defects, decreased cognitive function, and suicidal thoughts among Depakote users. Even though these warnings were issued, many women continued to take the epilepsy drug. Regardless, you may have a valid case if you were affected by the drug. Read on to learn more about your legal options. Read on to learn more about your rights in a Depakote lawsuit.
The federal jury awarded Christina Raquel $15 million in June 2017 in a case claiming the drug caused her son’s birth defects. The boy has since undergone 12 surgeries and is confined to a wheelchair. The family attorney asked for punitive damages based on the company’s mishandling of Depakote, which the drug maker denied. AbbVie has not yet announced whether or not it will appeal the verdict.
Class action lawsuits
If you or a loved one has been harmed by Depakote, you may be eligible for financial compensation. The damages may include medical expenses, lost wages, and pain and suffering. If the birth defects caused by the drug are not curable, the damages award may also include projected costs of medical care for the victim. If you were pregnant, you should not take Depakote. However, you may be able to seek compensation in a Depakote class action lawsuit if you or your family were affected.
One of the most recent settlements was made with Abbott Laboratories in June 2017. In this case, the pharmaceutical company paid $15 million to a mother who suffered from birth defects. In the other case, a jury awarded a family $1.5 billion to a mother who gave her son Depakote during pregnancy, and the settlement represented the second largest settlement by a drug company. The company is being sued for promoting Depakote off-label, and the U.S. Department of Justice accused the drug maker of maintaining a specialized sales force. It marketed the drug for uses not approved by the FDA, including depression, anxiety, and schizophrenia.
The plaintiffs in a recent Depakote lawsuit have successfully won their case. The verdict awarded them $38 million. This is the largest verdict awarded to a plaintiff in St. Louis City Circuit Court since 2013. The jury also awarded $15 million in compensatory damages and another $23 million in punitive damages, which the court intended to send a message to the defendant. However, the attorneys for Depakote plan to appeal the verdict.
While U.S. District Judge Nancy Rosenstengel denied the motions to dismiss the lawsuits without prejudice, she did preserve the plaintiffs’ right to sue. The jury had already selected two plaintiffs to go to trial next year. The goal was to settle 584 claims filed by women who took Depakote while pregnant. The verdict was a clear victory for Abbott. The ruling came as a surprise to many.
The average Depakote lawsuit is not worth $15 million, but if you have a child who suffered congenital malformations due to the drug, a big verdict may be worth millions. And a big verdict could also speed up the global settlement process. In a recent trial, a Missouri jury awarded $38 million to Maddison Schmidt and her son, Danny. The boy suffered congenital malformations due to the drug. His mother was taking the drug to control her seizures.
In 2012, Abbott Laboratories agreed to pay $1.6 billion in fines and criminal penalties. The settlement was the second-largest of its kind in recent history. The biggest off-label marketing settlement was paid out by Pfizer in 2014, but the amount that Abbott agreed to settle this case was much higher. This settlement follows increased government and state enforcement of drugmakers that promoted their products for purposes not approved by the FDA.