Topamax is a pharmaceutical drug produced and distributed by Janssen Pharmaceuticals. The drug is designed to help treat patients with epilepsy and reduce the frequency and severity of seizures.
Beyond its use as an anti-seizure medication (ASM), Topamax and its off-brand counterpart, Topiramate, have been used to treat a host of other serious medical conditions, including depression, post-traumatic stress disorder, autism, and bipolar disorder.
While the drug can produce positive outcomes in some patients when administered properly, it has also been shown to produce adverse outcomes in some circumstances, particularly when taken during pregnancy. Recent research has shown that infants who are exposed to Topamax in the womb are more likely to develop autism spectrum disorders (ASDs).
Is it Unsafe to Take Topamax during Pregnancy?
Generally, those suffering from epilepsy are often prescribed Topamax to control their seizures. Many women who are prone to epileptic seizures continue to take doctor-approved doses of Topamax, even during pregnancy. While the logic behind such use may appear sound – seizures can have unintended negative consequences on both mother and a child in the womb – recent incidents and research have proven severe harmful side effects.
A wide range of harmful birth defects and neurological disorders have
been linked to Topamax and Topiramate use during pregnancy, especially for pregnant women who ingest Topamax during their first trimester.
Notably, Topamax has now been recategorized by the FDA as a Category D drug, which means there is evidence showing that the drug causes health risks to human fetuses. The FDA also specifically warns users that the administration of this drug to pregnant women can cause infants to have an increased risk of developing birth defects, such as malformation of limbs and heart and lung defects.
Does Topamax Cause Childhood Autism?
According to recent findings, nearly five in 1000 pregnant women require some type of ASM during their pregnancy. If left untreated, pregnant women can suffer debilitating and sometimes fatal seizures. It may therefore come as no surprise that ASMs are commonly used, with one of the most frequently prescribed ones being Topamax.
However, those same findings have noted an association between the use of Topamax during pregnancy and an increased risk of neurological damage and developmental disorders in prenatally exposed children. In fact, children exposed to Topamax in the womb are two to four times more likely to develop autism spectrum disorders than others.
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If your child suffered birth defects or developmental disorders after you took Topamax as prescribed during pregnancy, you may be eligible to file a lawsuit. Find out if you qualify.
Other Harmful Effects of Topamax on Children
Additional findings also suggest a potential link between Topamax exposure in utero and other developmental disorders and birth defects, such as:
- Spina bifida
- Heart defects
- Cleft lip or palate
The severity of Topamax side effects in children can vary greatly from case to case. However, families of children dealing with one or more of the above health issues have likely had to watch them suffer the loss of a typical childhood.
People around the country are therefore taking legal action against Janssen and other pharmaceutical companies for pushing a potentially harmful drug on unsuspecting, pregnant women. Many have experienced pain and suffering because of Topamax, Topiramate, and other ASMs and want to hold the manufacturing companies accountable.
How do I Gather Evidence for a Potential Topamax Lawsuit?
The first step toward holding companies like Janssen responsible for Topamax complications is to gather evidence of your losses. If you believe your child is suffering from a birth defect or developmental disorder (such as childhood autism) due to the consumption of Topamax during pregnancy, it is important to document your and your child’s health history and journey.
Some of the documents you may want to gather include:
- Prescription records which show that the mother was encouraged to take Topamax during pregnancy (especially during the first trimester)
- Detailed medical history for the birth mother and, if possible, the birth father of the child (this documentation could be helpful in ruling out other possible causes of the birth defect or developmental disorder)
- Medical records for your child showing their journey with a birth defect or developmental disorder
If your doctor believes there may be a link between intake of Topamax during pregnancy and your child’s birth defect or developmental disorder, documentation of their opinion could also prove useful in a subsequent lawsuit.
What Damages Can be Recovered in a Topamax Lawsuit?
Currently, there are lawsuits pending against Janssen and other companies for the harm caused by Topamax and other ASMs.
While it may still be too soon to tell just how much the plaintiffs in each case can expect to receive in compensation, product liability laws offer some insight into the types of damages that may be recoverable in such lawsuits.
In a successful Topamax case, the plaintiff might be eligible to obtain damages for losses such as:
- Medical costs: these can quickly add up, especially if surgery or ongoing therapy is deemed necessary
- Loss of income or wages: due to missing work for your child’s surgeries or therapy sessions
- Pain and suffering: this is more of an intangible category of damages that may be possible in some cases
- Loss of enjoyment of life: another intangible category of damages that may be awarded in some cases
The above list offers a snapshot of potential damages in a successful Topamax suit. However, there are no guarantees that all cases will be successful or that all of the above damages will be awarded in every case.
How Can a Topamax Lawyer Help?
Taking on a huge pharmaceutical company like Janssen can seem like a daunting or even impossible task, but at MedFault, it’s what we do best. A skilled product liability lawyer knows how to successfully contest lawsuits against some of the biggest pharmaceutical companies in the world.
Our legal experts know the kinds of evidence that are relevant in a case like yours and how to frame and implement such evidence for maximizing your chances of success. We are also adept at navigating settlement negotiations and, if necessary, arguing cases before juries.
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Contact a Topamax Lawyer Today
You and your child do not have to suffer in silence and fight your own battles anymore. At MedFault, we offer free case evaluations and would be happy to look into the details of your case. At no risk to you, you can begin the journey of healing and holding Janssen and others accountable for the dangerous products they have peddled for years. We have the resources to see your case through to the end.
Each case deserves to be thoroughly investigated by experienced legal counsel. Do not hesitate any longer to start your journey toward justice. Let our legal experts at MedFault examine your case and help you out today.