Category

Topamax

Another Win for Topamax Birth Defect Victims

By | Pharmaceutical litigation, Topamax, Uncategorized

topamax-lawsuit-settlementsDrug 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.

CD&L can help victims of birth defects caused by Topamax.

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.

Appeals Court Upholds $4M Topamax Birth Defect Lawsuit Verdict

By | Pharmaceutical litigation, Topamax, Uncategorized

topamax-lawsuit-settlementsA pharmaceutical giant will go to the ends of the earth to find a way to appeal a case. However, in the Topamax birth defect lawsuit involving plaintiff, April Czimmer, the maker of Topamax presented an appeal that didn’t hold together in court. A panel of judges in a Pennsylvania appeals court struck down Johnson & Johnson’s appeal in late August 2015.

The drug maker originally questioned the October 2013 jury verdict, which ordered Johnson & Johnson to pay the plaintiff $4 million. They argued that the jury verdict and the jury’s explanation didn’t conform to a Virginia Supreme Court ruling about the specificity of language used when describing how a drug directly causes an injury.

In the Czimmer case, that injury was a birth defect of the plaintiff’s son known as a cleft palate caused by Topamax exposure in the womb.

The panel of judges agreed with the jury’s instructions, and that the jury’s explanation did demonstrate the causal relationship between Topamax and birth defects. According to a Law360 article about the appeals court decision, the “three-judge panel found that jury instructions in the case were not at odds with a Virginia Supreme Court ruling”.

The decision to uphold the $4 million verdict is excellent news for Czimmer and her son―and for families across the US who’ve been affected by Topamax birth defects.

We can help you.

Our Topamax lawyers are currently investigating cases involving women who consumed Topamax during their pregnancy, and had children with birth defects, especially cleft lips and cleft palates. We offer free case evaluations, during which one of our Topamax lawyers guides you through your legal options, compensation eligibility, and whether filing a Topamax birth defect lawsuit is right for you and your family.

Contact Carey Danis & Lowe for your free case consultation today. You can reach our law offices by phone at 800.721.2519. You can also share your Topamax story with us online by visiting https://www.careydanis.com/contact/, and completing your confidential personal injury claim form.

We look forward to offering you any assistance that we can.

J&J to Appeal $3M Verdict in Topamax Birth Defects Lawsuit

By | Pharmaceutical litigation, Topamax, Uncategorized

topamax_lawsuitIn March 2015, a Pennsylvania jury awarded a Wisconsin family a $3 million award in a Topamax birth defects lawsuit. The suit, which the family filed in December 2011, alleged that Johnson & Johnson, and the subsidiary Janssen Pharmaceuticals, failed to warn patients and health care providers about the birth defects risks associated with using Topamax while pregnant.

The family presented their case in the Philadelphia County Court of Common Pleas. The mother used Topamax during her pregnancy to treat chronic migraines. The family’s child was born with a cleft lip, which they claim is the result of the child’s exposure to Topamax in the womb.

According to a Law360 article on the Topamax lawsuit, about 3.8% of children exposed to Topamax in the womb develop an oral birth defect. Unfortunately, the risk of developing a cleft lip or a cleft palate is high for these children.

Johnson & Johnson and Janssen Pharmaceuticals expressed empathy for the family in the case. However, the defendants said that they made the decision to appeal the jury’s $3 million verdict.

They felt that the jury didn’t account for other factors that may have influenced the child’s development of a cleft lip.

We are here to help you.

Carey Danis & Lowe works with families whose children have been injured by Topamax in the womb. Our team of defective drug lawyers is dedicated to recovering losses for these families.

Our lawyers are available to help you. We offer free case evaluations, during which we discuss your case, your compensation eligibility, and whether filing a Topamax birth defects lawsuit is right for you and your family.

The Carey Danis & Lowe staff also includes medical professionals, who are available to answer your questions about Topamax birth defects.

You can reach our law offices by phone at 800.721.2519, or by completing a confidential personal injury claim form.

We look forward to offering you any assistance that we can.

Continue to read the Carey Danis & Lowe blog for Topamax lawsuit updates. You may be interested in reading:

$10.9 Million Verdict Stands in Topamax Lawsuit

By | Pharmaceutical litigation, Topamax, Uncategorized

topamax_lawsuitA $10.9 million verdict stands in a Topamax birth defects lawsuit. A child born with Topamax birth defects—a cleft lip and oral defects—was at the center of the case. The child’s family filed their Topamax lawsuit claiming that the anti-seizure drug caused the birth defects.

A Pennsylvania appeals court agreed with the family’s claim and the jury verdict.

According to a report from Reuters, the Pennsylvania Superior Court in Harrisburg, Pennsylvania denied the request to overturn the jury verdict. Janssen, Topamax manufacturer, brought the appeal request.

Carey Danis & Lowe reported on the $10.9 million verdict in December 2013. Read our post on the verdict.

We Can Help You & Your Family

Carey Danis & Lowe works with families affected by Topamax birth defects. During a free case evaluation, we guide you through your legal options and compensation eligibility.

Contact our law offices by phone at 800.721.2519. You can also reach us by completing a confidential personal injury claim form.

We look forward to connecting with you and your family soon.

 

Carey Danis & Lowe Launches Topamax Investigation

By | Pharmaceutical litigation, Topamax, Uncategorized

Published April 15, 2014 by PRWeb

St. Louis, Missouri (PRWEB) April 15, 2014

Carey Danis & Lowe has launched an investigation into alleged Topamax related injuries, specifically those pertaining to alleged congenital birth defects. The announcement of the law firm’s investigation coincides with news that the Philadelphia Court of Common Pleas has settled 76 Topamax cases.

As a pharmaceutical product liability litigation firm, Carey Danis & Lowe represents victims of defective drugs and medical devices. It is for this reason that the St. Louis law firm has launched their investigation into Topamax. According to the defective drug lawyers at Carey Danis & Lowe, part of the law firm’s investigation is expected to involve hearing the stories of families who claim to have been negatively impacted by the anti-seizure drug.

Topamax Mass Tort in Philadelphia

According to a court document filed on April 2, 2014, a Philadelphia court had settled the 76 Topamax cases on April 1.* The individual cases had been consolidated into a mass tort in the Complex Litigation Center in the Philadelphia Court of Common Pleas. The Topamax mass tort is In Re: Topamax Litigation, case no. 110602131.

The court is scheduled to convene next on May 5, 2014.

Topamax Lawsuit History

In November 2013, Topamax manufacturer Johnson & Johnson (J&J), and their subsidiary Janssen Pharmaceuticals, lost a case in the Philadelphia Court of Common Pleas.** The jury ordered J&J to pay the plaintiff $11 million. The plaintiff filed her lawsuit against J&J claiming that, after use of Topamax while pregnant, her son was born with a cleft lip.

The settled case is Gurley v. Ortho-McNeill-Janssen Pharmaceutical, case no. 110502251, Philadelphia Court of Common Pleas, Trial Division, Civil Complex Litigation Center.

Victim Advocacy

Carey Danis & Lowe is a dedicated advocate of victims who have been harmed by defective drugs. With the law firm having launched their investigation into Topamax, Carey Danis & Lowe defective drug lawyers are currently available to discuss legal options and compensation eligibility with families who claim to have been harmed by the drug. The St. Louis law firm can be reached at 800.721.2519.

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About Carey Danis & Lowe

Carey Danis & Lowe is a plaintiff’s litigation firm based in St. Louis, Missouri with law offices across the United States in Illinois, Missouri, and Florida. Carey Danis & Lowe specializes in defective drug and pharmaceutical litigation and class action lawsuits. The Carey Danis & Lowe team is comprised of experienced attorneys working alongside knowledgeable and professional staff that includes medical doctors, nurses, and information technology specialists. Contact Carey Danis & Lowe at 800-721-2519 for more information about our legal services.

Sources:

*Philadelphia Court of Common Pleas. 2 Apr. 2014: http://1.usa.gov/1n8qgT7

** Bloomberg. 18 Nov. 2013: http://bloom.bg/1eu9KYu

Topamax Birth Defects Lawsuit Alleges Failure to Warn

By | Pharmaceutical litigation, Topamax, Uncategorized

topamax_lawsuitJanssen Pharmaceuticals, the arm of Johnson & Johnson behind the anti-seizure drug Topamax, is the target of over 100 lawsuits in the Philadelphia Court of Common Pleas. The pharmaceutical company is currently defending itself in a Topamax birth defects lawsuit involving a family from Wisconsin. The plaintiffs in the case have a child whose birth defects they allege are the result of exposure to Topamax in the womb.

According to Law360, the Wisconsin family filed their Topamax lawsuit against Janssen Pharmaceuticals claiming that the drug manufacturer neglected to adequately advise health care providers and patients about the risks associated with Topamax use during pregnancy. The most commonly reported Topamax birth defect in children exposed to the drug in the womb include oral defects, cleft lip and/or cleft palate.

The St. Louis class action attorneys at Carey Danis & Lowe represent families whose children have suffered from Topamax birth defects. We are a national law firm experienced in class action litigation, and we specialize in pharmaceutical product liability lawsuits. If your child was born with congenital birth defects as a result of Topamax exposure, we encourage you to discuss your legal options and compensation eligibility with one of our Topamax lawyers today. Our initial case evaluations are free.

Carey Danis & Lowe is available now to discuss your Topamax story. Contact Carey Danis & Lowe by phone at 800.721.2519, or by completing one of our personal injury claim forms.

Topamax Lawsuit News: Pennsylvania Jury Directs Janssen to Pay $11 Million

By | Pharmaceutical litigation, Topamax, Uncategorized

topamax_birth_defects_topamax_lawsuit_settlementsThe Pennsylvania jury in a Topamax birth defect lawsuit concluded that Janssen Pharmaceuticals, the maker of Topamax, is to pay the plaintiff in the case an $11 million compensation package. The anti-epileptic drug, Topamax, has been associated with congenital birth defects, especially oral defects, such as cleft lip and cleft palate.

The Pennsylvania case involves plaintiff, Haley Powell, whose child was born with a cleft lip. The plaintiff claims that Janssen failed to warn patients and health care providers about the risks associated with Topamax use during pregnancy. During the trial, the plaintiff’s legal counsel presented evidence showing that Janssen knowingly withheld important safety information about Topamax.

It appears that the pharmaceutical company was aware of the connection between Topamax and birth defects at least one year after it won U.S. Food and Drug Administration (FDA) approval in 1996. However, they decided against sharing this important information.

There are approximately 134 Topamax birth defect cases filed in the Pennsylvania court where Powell’s case was recently heard. These lawsuits have been filed in the Court of Common Pleas in Philadelphia County.

According to Bloomberg, trials are set to continue in the Pennsylvania court in February and March 2014.

Powell’s case was the second to be tried in the Pennsylvania court. In the first trial, involving plaintiff April Czimmer, Janssen was ordered to pay the plaintiff $4.02 million.

With the first two lawsuits in the Pennsylvania court having been decided in the plaintiff’s favor, Carey Danis & Lowe is optimistic about the future of Topamax birth defect lawsuits across the country, and especially in the Pennsylvania court.

Carey Danis & Lowe Topamax Attorneys

Carey Danis & Lowe represents victims of Topamax, and other defective drugs that have caused significant injuries. Discuss your legal options today with a Carey Danis & Lowe Topamax attorney in a free legal consultation. We can also assist you with filing a Topamax lawsuit.

In addition, we encourage you to discuss any health concerns you may have about Topamax use during pregnancy with one of our on-staff nurses.

Share your story of how Topamax has impacted your life and that of your child with Carey Danis & Lowe by calling 800.721.2519, or by completing a confidential personal injury claim form.

Read more about Topamax lawsuits and personal injury litigation on the Carey Danis & Lowe blog. On our blog, we have provided information on the first Topamax birth defect lawsuit to go to trial in Pennsylvania. Stay current on the legal news that matters to you.

Jury Awards Plaintiff in Topamax Case with $4 Million

By | Pharmaceutical litigation, Topamax, Uncategorized

topamax_birth_defects_topamax_during_pregnancy_topamax_lawsuit_settlements_cleft_lip_clefte_palateIn the latest Topamax lawsuit news, a jury in Philadelphia recently decided to award the plaintiff in a Topamax birth defects lawsuit with $4.02 million in damages. The case involves the plaintiff, April Czimmer, who claims that her son was born with an oral defect after she used Topamax, an anti-epileptic drug, during pregnancy. Czimmer’s case is the first lawsuit pertaining to the link between Topamax and congenital birth defects to go to trial.

Czimmer claims that the pharmaceutical company behind Topamax, Janssen Pharmaceuticals, failed to warn health care providers and patients about the high risk of children developing birth defects when exposed to the drug in the womb. The amount of the damages award clearly demonstrates that the jury finds Janssen Pharmaceuticals neglectful of patient health and safety.

Janssen Pharmaceuticals filed a request to block punitive damages in the case, which was granted by the court. Thus, the damages award reflects what the jury believes Czimmer and her son are due for their pain, suffering, and medical expenses, both past and future.

The case is Czimmer v. Janssen Pharmaceuticals Inc., which was being heard in the Court of Common Pleas in Philadelphia County, Pennsylvania.

There are another 134 cases pending in the Philadelphia court, according to Bloomberg. Carey Danis & Lowe Topamax attorneys are curious to see how the Czimmer case will impact future Topamax cases.

The U.S. Food and Drug Administration (FDA) released a safety announcement in March 2011 about the increased risk of children developing oral defects, such as a cleft lip or a cleft palate, when exposed to Topamax in the womb. It was at the time of this safety announcement that the FDA re-categorized Topamax as a Pregnancy D drug, meaning that there is human evidence showing a strong link between Topamax and oral defects.

How can Carey Danis & Lowe can help you and your child?

The Topamax attorneys at Carey Danis & Lowe work with victims of defective drugs and medical devices. We understand the harm these products can cause, which is why we are currently investigating Topamax cases. Carey Danis & Lowe is here to help you and your family, and welcomes you to contact our St. Louis based law firm for a free case evaluation.

Furthermore, if you would like to learn more about Topamax birth defects, speak with one of Carey Danis & Lowe’s on-staff medical experts, who can answer all of your questions on the matter.

Share your Topamax birth defects story with us today by calling 800.721.2519, or by completing one of our confidential personal injury claim forms.

Carey Danis & Lowe previously reported on the Czimmer case in October. Learn more about the Czimmer Topamax birth defects lawsuit on our personal injury litigation blog.

Topamax Birth Defects News: Second Topamax Trial Underway in Philadelphia

By | Pharmaceutical litigation, Topamax, Uncategorized

topamax_birth_defects_topamax_during_pregnancy_topamax_lawsuit_settlements_cleft_lip_clefte_palateThe anti-epileptic drug Topamax and its link to congenital birth defects are the subject of another trial being heard in a Philadelphia state court. The plaintiffs in the case, the Gurley family, have a son who was born with a cleft lip, and has since undergone one surgical operation with a handful more on the horizon.

The plaintiffs’ primary claim is that the pharmaceutical company behind Topamax, Ortho-McNeil-Janssen, did not warn health care providers and patients about the risks of congenital birth defects when using Topamax during pregnancy, especially during the first trimester.

The Philadelphia state court is also hearing another Topamax birth defects lawsuit, involving plaintiff April Czimmer. Closing arguments in the Czimmer case began on October 30, 2013. With two Topamax cases being heard simultaneously in the same court, the Topamax lawyers at Carey Danis & Lowe are interested to see how the Czimmer case impacts the Gurley family’s lawsuit.

According to Bloomberg, another 134 Topamax birth defects lawsuits targeted at Janssen have been filed in the Court of Common Pleas in Philadelphia County, Pennsylvania, where both the Czimmer and Gurley cases are being heard.

Congenital birth defects most often associated with Topamax are oral defects, including cleft lips and cleft palates. If you have concerns or questions about Topamax use during pregnancy, learn more about Topamax birth defects by speaking with one of Carey Danis & Lowe’s on-staff medical experts.

If your child was born with an oral defect after being exposed to Topamax in the womb, you have a case that may be eligible for compensation. Carey Danis & Lowe is here to discuss your legal options, and to provide assistance with filing a Topamax lawsuit.

Share your Topamax birth defects story with Carey Danis & Lowe today by calling 800.721.2519, or by completing a confidential personal injury claim.

Topamax Birth Defects News: Lawsuit Claims Janssen Knew About Birth Defects Risk

By | Pharmaceutical litigation, Topamax, Uncategorized

topamax_birth_defects_topamax_during_pregnancy_topamax_lawsuit_settlements_cleft_lip_clefte_palateWomen are filing lawsuits against Janssen Pharmaceuticals, a unit of Johnson & Johnson, over their anti-epileptic medication Topamax. One such lawsuit is being heard in a Pennsylvania court, and involves the plaintiff, April Czimmer, whose son was born with oral defects.

Czimmer accuses Janssen of not warning users of Topamax birth defects risks prior to a 2011 order from the U.S. Food and Drug Administration (FDA).

The FDA sent out a safety announcement in March 2011 about the risk of oral clefts in children born to women using Topamax. They cited recent findings from human studies that strengthened the case of children developing oral defects when exposed to Topamax in the womb. As a result, the FDA categorized Topamax as a Pregnancy Category D drug.

Though the plaintiff’s primary argument in the Pennsylvania case involves Janssen’s lack of warning, the presiding judge in the case, Judge Arnold New, removed these claims from the litigation along with defective drug allegations. In addition, per Judge New’s approval, Janssen will not be targeted with punitive damages.

Instead, the trial’s updated focus involves company negligence, misleading marketing, and dishonest business practices.

Czimmer v. Janssen Pharmaceuticals Inc. is being heard in the Court of Common Pleas in Philadelphia County, Pennsylvania.

When pharmaceutical companies knowingly endanger lives through a lack of warning, Carey Danis & Lowe defective pharmaceutical attorneys strongly believe it is important to hold them accountable. In the case of Janssen, which many claim were aware of the birth defects risk well before the FDA safety alert in 2011, withholding such information is deceitful and compromises patient safety.

Carey Danis & Lowe assists individuals who claim that their child’s birth defects are due to Topamax exposure in the womb. Often, these women accuse Janssen of a failure to warn, misleading marketing, and company negligence. Though the Pennsylvania case has ruled out the failure to warn accusation, this is does not mean that every court hearing Topamax birth defects lawsuits will follow suit.

If your child was born with an oral defect after being exposed to Topamax in the womb, you and your child may be eligible for compensation. Discuss your Topamax case with a Carey Danis & Lowe Topamax attorney in a free legal consultation.

Share your story with Carey Danis & Lowe by calling 800.721.2519, or by completing a confidential personal injury claim form.