Legal news reports that a Court of Appeals has upheld a recent $3million birth injury verdict against Janssen Pharmaceuticals, a subsidiary of Johnson & Johnson. The lawsuit arose out of injuries the infant sustained as a result of the mother taking Topamax during her pregnancy.
According to reports, the child was born in 2008 with a cleft palate and lip. Representatives of the family asserted that Janssen was negligent in failing to warn doctors concerning heightened risk of birth injuries to children of mother's who take the seizure prevention and migraine medicine during the first trimester of pregnancy. The jury agreed, and found Janssen responsible for the child's injuries.
The appellate court affirmed the decision, noting that the drug manufacturer didn't make enough of an effort to warn doctors about known risks from taking the drug, and thus doctors could not pass along this information to its patients, or alternatively determine that the risks outweighed the benefits of taking these medications. While the drug manufacturer argued that they weren't at fault because they were not able to change the warning labels without approval from the Food & Drug Administration, the court disagreed. The court concluded Janssen owed a duty to warn doctors of the dangers.
For more information, or if your child has suffered a birth injury, please contact the dedicated California birth injury lawyers at Bostwick & Peterson LLP to find out how we can help you.