888.880.5063
California Birth Injury Lawyer The Firm Attorneys Case Evaluation Contact Us
Birth Injury
Birth Injury
Bilirubin
Brachial Plexus Injury
Brain Cooling
Brain Injuries
Cerebral Palsy
Chemical Birth Defects
Delays in Development
Detecting a Birth Injury
Effect of a Birth Injury as Your Child Ages
Erb’s Palsy
FAQ
Fetal Heart Tracing
Hypoxic Ischemic Encephalopathy (HIE)
Kernicterus
Labor & Delivery Problems
Medical Malpractice
Medical Malpractice Arbitration
Mental Retardation
Microcephaly
Paraplegia & Quadriplegia
Personal Injury
Pitocin
Premature Delivery
Shoulder Dystocia
Spinal Cord Injuries
Statute of Limitations
Wrongful Death
Contact Us
Phone:
--

$3 Million Birth Injury Verdict

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.

Categories: Birth Injury News
888.880.5063
One Embarcadero Center, Suite 500
San Francisco, CA 94111
(415) 275-3133
Map/Directions [+]


Attorney Web Design The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.