A Pennsylvania appeals court upheld a $3 million birth injury lawsuit verdict in a case against a subsidiary of Johnson & Johnson last month. The verdict was appealed by the defendant after the trial court found that the drug manufacturer failed to warn doctors about the risks associated with Topamax and birth injuries. Pharmaceutical companies have a legal and ethical duty to inform doctors of any potential side effects or risks of drugs so doctors can inform patients and prescribe medications accordingly. Birth injuries and defects caused by dangerous drugs are serious and can have permanent consequences.
The original birth injury lawsuit against the Johnson & Johnson subsidiary, Janssen Pharmaceuticals, alleged that an infant’s birth injuries were caused by the Topamax the mother was taking while pregnant. The baby was born with a bilateral palate and cleft lip. The trial court ruled that Janssen knew or should have know about the risk of birth injuries while taking Topamax and failed to warn doctors. Verdicts like these highlight the serious problems the American healthcare system faces, where large drug manufacturers fail to uphold their moral and legal duty to warn doctors patients about potential risks associated with taking medications.
If you were pregnant, took Topamax during your pregnancy, and your baby sustained birth injuries or defects, you are entitled to justice from those that failed to provide you with an adequate warning that such results may occur. Contact our birth injury lawsuit attorneys today for a free consultation.