Topamax (topiramate) is a type of medication that is prescribed to persons with epilepsy. It is used to control symptoms of the condition in cases where other medications may not have been effective. However, there have been instances where Topamax was prescribed to patients who were pregnant. Later, the use of Topamax during the pregnancy was connected to various birth defects when the patient gave birth, including:
- Cleft lip and cleft palate
- Heart injuries and heart defects
- Hypospadias (defect with the urethral opening)
- Facial deformities
- Other deformities, especially limb deformities
These types of birth injuries are considered serious as they may have long term effects on the infant which persist into later stages of life as they grow. In addition, Topamax can also have direct side effects on the user, including visual field defects, hyperthermia, cognitive dysfunctions, and other conditions.
Who Can be Liable in a Topamax Lawsuit?
Some experts consider Topamax to be a dangerous drug, and Topamax has been implicated in various lawsuits. Liability for a Topamax injury can be traced to several parties, depending on the facts. These can include:
- Manufacturers or producers of the drug (especially if there is a defect with the product)
- Doctors or physicians who are involved in malpractice related to the drug’s application or prescription
- Pharmacists and pharmacies, especially if there is a pharmacy error
In some cases, the injury may be traced to the negligence of several parties. Also, Topamax injuries can sometimes affect several people, due to the nature of the product’s distribution and applications.
What are the Legal Remedies for a Topamax Injury?
Topamax injuries can be serious and may result in legal action. In such lawsuits, the legal remedy typically includes some form of monetary damages award. This is usually sufficient to cover losses such as additional/advanced medical costs, lost wages, and other expenses. In the case of a birth injury, damages may also be calculated for future situations, such as the infant’s inability to earn wages in the future.
As mentioned, Topamax injuries can affect many consumers; in such cases, a class action suit may be considered, as well as product recall measures.
Should I Hire a Lawyer for Assistance with a Topamax Lawsuit?
Topamax injuries and legal issues can be serious and may involve complex state or federal laws. You may need to hire a personal injury lawyer in your area if you need any type of assistance with a Topamax legal claim. Your attorney can provide you with legal guidance and research for your case during the process. Also, your lawyer can provide you with representation if you are called to appear in court for a meeting or hearing.