Drug companies manage to find a way to appeal a case. However, in a Topamax birth defect suit, the court found that there was no reason to reconsider the earlier decision affirming a $4.2 million award.
The lawsuit involves the plaintiff, April Czimmer against Janssen Pharmaceuticals. Ms. Czimmer was awarded the large verdict because the jury found that the drug maker failed to sufficiently warn doctors about the extent of the risk of birth defects developing from the use of Topamax. The jury charged that the company’s negligence was a significant factor in causing April Czimmer son’s cleft palate.
The appeal hinged on the words “substantial contributing factor”, with the pharmaceutical company saying that the phrase was vague and confusing for the jurors. However, the Pennsylvania Superior Court denied the company’s effort to reconsider the 4.2 million verdict because jury instructions followed the precedent and were clear in defining the phrase.
This is excellent news for Czimmer and her son―and for families across the US who’ve been impacted by Topamax birth defects.
Our Topamax lawyers are currently investigating cases involving women who took Topamax during their pregnancy, and had infants with birth defects, especially cleft lips and cleft palates.
We offer free case evaluations, during which one of our lawyers will guide you through compensation eligibility, legal options, and whether filing a Topamax birth defect lawsuit is right for you.
Please call us at 800.721.2519 to discuss how we can help you get the justice you deserve.References: Pharmaceutical litigation, Topamax