Topamax Lawsuit Information
Topamax (topiramate) is an anti-epilepsy and migraine medication first introduced to the market in 1996. Since that time, awareness has increased about the risks this medication poses to women of childbearing age. Medical studies now confirm a heightened risk of birth defects such as cleft lip and cleft palate in infants born to mothers treated with Topamax during pregnancy. Hundreds of victims have filed a Topamax lawsuit to pursue compensation for these troubling side effects. While new safety warnings are included with the drug, no recall has been issued and a Topamax lawsuit remains the only means of recourse for those affected.
Topamax Lawsuit Jury Verdicts
In October 2013, the first Topamax lawsuit to go to trial resulted in a jury verdict of $4 million in favor of the plaintiff. The jury found that drug company failed to adequately warn physicians and patients about birth defects associated with the medication. The jury concluded that the company’s negligence was a substantial factor in causing the plaintiff’s son to suffer cleft palate at birth. (Czimmer v. Janssen Pharmaceuticals Inc., Case No. 110503459, Pennsylvania Court of Common Pleas for the County of Philadelphia.)
In November 2013, a second Topamax lawsuit resulted in a jury verdict of $10 million in favor of the plaintiffs, who claimed Topamax caused their son to be born with a cleft palate. In their lawsuit, the plaintiffs alleged the company failed to truthfully disclose important safety data to the FDA and doctors, resulting in severe injuries to the family’s 5-year-old son. (Gurley et al. v. Ortho-McNeil-Janssen Pharmaceuticals, Case No. 110502251, Pennsylvania Court of Common Pleas for the County of Philadelphia.)
In March 2014, a jury awarded $3 million to the mother of a child born with cleft lip after doctors prescribed Topamax to treat the mother’s chronic migraines during pregnancy. The jury found that the manufacturer failed to properly warn the plaintiff of the risk to her child of developing oral malformations resulting from her use of Topamax while pregnant. (Payton Anderson et al. v. Janssen Pharmaceuticals Inc., Case No. 111201405, Pennsylvania Court of Common Please for the County of Philadelphia.)
In total, the first three Topamax lawsuits to complete jury trials have resulted in $17 million awarded to birth defect victims and their families.
Topamax Settlements
In April 2013, Johnson & Johnson agreed to settle 76 separate Topamax birth defect lawsuits for an undisclosed amount. The Topamax settlement left 60 additional cases still pending in a coordinated mass tort program in Pennsylvania state court.
In a prior civil and criminal proceeding, J&J subsidiary Janssen Pharmaceuticals agreed to plead guilty to a misdemeanor charge and pay more than $81 million to settle a U.S. Department of Justice investigation. The DOJ inquiry charged the company with off-label marketing of Topamax for psychiatric uses not approved by the FDA, which caused false claims to be submitted to government health care programs such as Medicaid. The Topamax settlement included $6.14 million in criminal fines against the company.
Get an Evaluation of Your Topamax Lawsuit
If your family was affected by birth defects, you may wish to consult an attorney about your case. Our experienced drug injury lawyers can evaluate your potential Topamax lawsuit at no cost and inform you about your legal options. Call (866) 808-2424 or send a message using our online form at any time.