Do Cleft Palate Lawsuits Exist?
Have there been any Topamax cleft palate lawsuits? To date, no cleft palate or cleft lip related Topamax lawsuits have been filed against Ortho-McNeil (or its parent company, Johnson & Johnson). However, Ortho-McNeil has been in legal trouble because of its misconduct with regard to Topamax. In 2010 the company paid $81 million, including a $6.1 million criminal fine for a misdemeanor violation of pharmaceutical marketing laws. The company was charged with promoting Topamax for unauthorized, off-label uses, something that is strictly prohibited.
What is an Oral Cleft?
An oral cleft is a birth defect that can affect the upper roof of the mouth or the lip, and in some severe cases can affect the nose. This disfigurement occurs during fetal development – typically during the first trimester when the child’s facial features are being formed. Whether it affects the lip or the palate, the defect may require several surgeries, regular speech therapy, and expensive orthodontic work throughout the victim’s childhood.
Does Topamax Cause Cleft Palates?
Even with early studies revealing evidence of Topamax related cleft palates, Ortho-McNeil allegedly continued to not only sell the drug but also promoted it for additional off-label uses, beyond those for which the drug was approved. Allegedly the violations occurred when the company hired doctors to accompany salespeople and promote the drug for off-label uses. Ortho-McNeil had its sales of Topamax peak in 2008 when it reportedly made roughly $2.7 billion on the drug before generic competition was able to take some of the company’s share of the market for topiramate-based epilepsy medications.
Determine If You Have A Case
The Topamax lawyers at the Rottenstein Law Group can help you determine whether a lawsuit is the right option for you. If you have a valid Topamax birth defect lawsuit to assert against Ortho-McNeil, you might not only be entitled to compensation to offset the costs of the surgery needed to fix a cleft palate, but you may also be able to recover damages for your pain and suffering. For a free consultation with RLG, please fill out this contact form.