Posted by In recent years, the Depakote lawsuit has gained notoriety as one of the leading lawsuits filed against pharmaceuticals involved in the manufacture of drugs for the treatment of serious diseases. The lawsuits, which were brought by mothers who suffered from spina bifida and birth defects as a result of taking a drug called Depakote, are currently being handled by one of the most prestigious law firms in the country, Pepperstone. If you or someone you know is suffering from a disease as a result of taking Depakote, you should consider contacting a qualified attorney as soon as possible.
Depakote Lawsuit
The lawsuit itself can be quite complex, as it involves a number of parties who must be sufficiently warn the patient that they may include potential risks with the medication. First, the manufacturer of the drug itself is required to adequately warn patients that there are possible risks associated with using the Depakote. It is not known when this requirement will be implemented, but it is expected that it will at some point in the future. Failure to comply can result in significant fines.
Also required is that the manufacturer provide a safety information manual or instruction manual to doctors on the proper use of Depakote.
This is something that the company admits to having had a hand in creating. However, the instructions are only given once. Once a physician uses Depakote, he or she is not required to refer anyone else to speak to a physician regarding depakote birth defect lawsuits. As long as no one develops these symptoms, then the patient remains completely protected.
Another party that is required to speak to a physician regarding the lawsuit, at least after the first dosage, is the doctor who initially treated the patient.
Doctors are not required to refer their patients to lawyers or compensate them for damages. There is a binding duty to speak to the manufacturer about the issue, and if they fail to do so, they face the possibility of losing this duty. This is an important point of obligation consultation. If Depakote caused the birth defects to occur, then there is a significant duty to make this information known.
An important aspect of the obligation consultation is the warning that is issued.
The warning can come in the form of a label, a drug bottle, or a patient brochure. A lot of times, the warning is very serious, as it states that use of the product could cause certain dangerous effects. The warning should be displayed prominently at the point where Depakote is sold. It is also important to note that many physicians are not required to tell patients about this product if they are not using the product.
When there are serious concerns expressed by physicians regarding the use of Depakote, they are required to take additional measures to alert patients.
For instance, some physicians will place a yellow sticker on the drug bottle or warn patients that use of the drug may result in the onset of severe birth defects. However, not all physicians are required to issue these warnings. It may be that they have discretion as to how much information they are allowed to share with patients.
Even if a physician does not have the right to issue a warning, he or she should inform patients about the serious risk of Depakote use.
There are even some medications that can cause malformations. In the case of Depakote, one out of every three women who take this medication will experience some type of birth defect. Most of the time, it is cleft palate.
However, there are some cases where other defects have been reported, including congenital heart defects and multiple forms of cancer. There is a low possibility that these defects will lead to death, but they should still be monitored for malformation.
Cleft palate and other birth defects resulting from use of depakote can also be brought into existence by the use of certain defective drug attorneys.
These lawyers specialize in filing lawsuits on behalf of their clients who were exposed to these dangerous chemicals during medical procedures. They know that if they succeed in getting compensation for their clients, they will be able to pay off their mortgages and other bills, as well as provide financial support to their growing families.