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In a case before the Pennsylvania Superior Court, an attorney for Janssen Pharmaceuticals Inc. et al., a subsidiary of Johnson & Johnson, has argued for a $3. million verdict against the company to be thrown out. The complaint charged that Janssen has failed to adequately warn consumers against the risk its anti-epilepsy drug, Topamax, poses to fetuses in utero. The woman who filed the suit had been taking the drug to treat migraine headaches. Doctors continued to prescribe Topamax during her pregnancy, and the woman's son was born with a cleft lip. 

Janssen Pharmaceuticals has been sued successfully in two similar lawsuits before this one. The plaintiff in this case argued that Topamax should have been classified as a Category D drug. This would mean that there was evidence for fetal risk linked with the drug according to studies done in humans. According to the complaint, the woman's doctors only warned her that the drug could be risky during pregnancy, not that it was already definitively known to cause risk. 

Janssen has been sued numerous times in state and federal court by individuals seeking compensatory and punitive damages from the company. If you have taken Topamax for epilepsy or migraine headaches, and have subsequently given birth to a child with an oral cleft birth defect, the defect could be related to this prescription medication. To discuss the particulars of your case and determine if you may have a viable legal case, schedule a consultation with a personal injury lawyer who has experience with products liability cases

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