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I was taking Topamax for my migraines when I became pregnant. My child was born with a cleft palate. We just can’t afford to pay the medical bills from her surgery. Does our family qualify to file a Wisconsin Topamax injury claim?

Topamax, and its generic form topiramate, were approved for the treatment of epilepsy and migraines in 2009. Topamax is also used for off-label purposes including treatment of obesity, alcoholism, and bipolar disorder. Since the approval of Topamax, research has found that women who take Topamax or generic topiramate while pregnant are more likely to give birth to children with serious birth defects including:

  • Cleft palate
  • Spina bifida
  • Hypospadias
  • Genital malformations
  • Persistent pulmonary hypertension of the newborn (PPHN)
  • Heart and lung defects
  • Limb deformities
  • Head or facial defects
  • Neural tube defects

The FDA has placed Topamax in pregnancy category D. This means there is strong evidence of risk to the fetus based on human data, but the drug may be prescribed to pregnant women in certain situations. The FDA advised doctors to consider the risks before prescribing the drug to women of childbearing age and to warn women taking the drug of the risk of birth defects. However, despite the increased risk of serious birth defects associated with Topamax, the FDA has not recalled the drug.

If you took Topamax or generic Topiramate while pregnant and gave birth to a child with cleft lip, cleft palate, or another serious birth defect, you may be eligible to claim damages for your child’s medical bills and expenses through a Wisconsin Topamax injury lawsuit. To discuss your personal situation, contact the Milwaukee defective drug lawyers at Hupy and Abraham at 800-800-5678.

Jason F. Abraham
Managing Partner, Hupy and Abraham