Topamax Case: $11 Million Awarded to Mother
The mother of a child born with a cleft palate and lip she said was caused by her use of Topamax was awarded nearly $11 million, says Frenkel & Frenkel.
The mother of a now 5-year-old boy who was born with a cleft palate and lip that she claims was caused by her use of the anti-seizure drug Topamax was awarded $11 million by a Philadelphia jury. The South Carolina woman filed suit in the Philadelphia Court of Common Pleas in November 2011, claiming that Janssen Pharmaceuticals failed to adequately warn patients of the risk of birth defects when the drug was taken during pregnancy.
Injury Background and Case Details
Haley Powell was prescribed Topamax to treat epilepsy and took the drug from March 2006 until May 2011. In May 2008, Powell gave birth to her son, Brayden Gurley, who was born with a cleft palate and lip, requiring surgery to repair the facial deformity. According to court documents, Powell was never informed of the risks of taking Topamax during pregnancy.
Risks of Topamax Use During Pregnancy
In March 2011, the United States Food and Drug Administration (FDA) announced that there was a link between the use of Topamax during pregnancy and incidents of cleft palate and lip in babies born to mothers who used the medication. Severity can range from a small lip notch to a groove extending into the roof of the mouth and nose. Children with severe cases may face difficulty speaking or eating, chronic infections, and often require multiple surgeries.
Jury Findings and Compensation Awarded
The jury ruled that Janssen Pharmaceuticals failed to notify Powell’s physician about the risk, and that this lack of warning constituted negligence. The verdict awarded $10,620,000 in non-economic damages and $335,000 for future medical expenses. The defense sought post-trial relief, arguing the compensation was excessive, but Judge George Overton denied the request, allowing the jury’s decision to stand.
Legal Rights and Next Steps
When a pharmaceutical manufacturer fails to warn patients of known risks and that failure leads to injury or death, a product liability claim may be justified.
Contact the experienced Dallas-Fort Worth attorneys at Frenkel & Frenkel to schedule a free consultation if you believe a drug injury may have affected you or a loved one.