Children who Suffer Injury during Pregnancy

McGowan, Hood & Felder, LLC has represented numerous clients in regard to personal injury and wrongful death lawsuits against physicians and hospitals alleging that the medical practitioners failed to follow proper medical practice in regard to the treatment afforded to a patient during pregnancy. These situations have led to catastrophic injuries for infants and their families who trusted their medical professional.

The epilepsy drug Depakote has been linked to an increased risk of mental retardation and birth injuries when taken during pregnancy. According to reports since 2006, the risk of Depakote birth defects could be significantly greater when compared to the risks associated with alternative medications prescribed as an anticonvulsant.

Approximately 24 million American women have taken anticonvulsant drugs for problems such as epilepsy, bipolar disorder and migraine headaches. The use of Depakote during pregnancy has been compared with other similar anticonvulsant drugs, including Tegretol, Lamictal and Dilantin. Several reports have indicated that the risks of mental retardation, birth defects and fetal deaths are greater when Depakote is used as opposed o other similar pharmaceutical drugs.

INCREASED RISK OF MENTAL I.Q. PROBLEMS

According to a report presented in 2007 at the annual meeting of the American Academy of Neurology in Boston, children who were exposed to Depakote during pregnancy were twice as likely to have I.Q. scores in the range of mental retardation, when compared with children exposed to other epilepsy drugs.

The study followed 185 children whose mothers took Depakote, Lamictal, Tegretol or Dilantan during their pregnancy. Researchers reported that I.Q. tests administered at 2 years old indicate that children exposed to Depakote scored 7 to 8 points lower on the I.Q. test than children exposed to one of the other epilepsy drugs during pregnancy.

PRIOR WARNINGS OF DEPAKOTE BIRTH DEFECTS

In October 2006, the warning label for Depakote was changed to indicate that the drug could result in birth defects when taken during pregnancy. The warning was updated after a study was published in the August 8, 2006 issue of Neurology regarding Depakote side effects. The study found that congenital malformations and fetal deaths were more likely when expectant women took Depakote as compared to one of the other epilepsy drugs. Approximately 20.3% of babies born after the mother took Depakote suffered serious adverse outcomes, compared with the other drugs which had significantly lower rates between 10.7% and 1%.

Given the findings of these recent studies, doctors should strongly consider other drugs before prescribing Depakote for pregnant women. Had the severe risk of Depakote birth defects been made known earlier, many children born with malformations or mental retardation could have avoided these disabilities if the mother was given a different anticonvulsant during pregnancy.

The types of injuries which can occur to a child who is exposed to Depakote during pregnancy can include, but is not limited to, mental retardation, cognitive injury, birth defects, or death. The types of experts we have utilized in these types of cases include teratologists, perinatologists, obstetricians, neonatologists, pediatric neurologists, pediatric neuroradiologists, geneticists, nurses, life care planners, vocational experts and economists. In addition to our retained experts, we have a highly skilled legal nurse on staff that assists our attorneys in the review of clients’ medical records and helps in the prosecution of these complex cases.

The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys in our firm who practice in the medical negligence and pharmaceutical injury arena are constantly updating their education and ability to litigate cases involving injuries to children which occur during pregnancy. S. Randall Hood of McGowan, Hood & Felder has helped to litigate many birth injury and medical malpractice cases. S. Randall Hood is available for consultation by email at rhood@mcgowanhood.com or telephone (Toll free 1-877-327-3800).

Please visit our website at mcgowanhood.com for comprehensive information on birth injuries.

Very truly yours,

McGowan, Hood & Felder, LLC

S. Randall Hood, 1539 Healthcare Drive, Rock Hill, SC 29732