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What is Topamax?

Topamax, is an anti-convulsant, and a widely-used treatment method for certain types of epileptic seizures.  In addition, it’s also prescribed to prevent migraines.  More than 32 million prescriptions for Topamax have been filled since January 2007.

What types of products qualify for my claim?

Products using Topiramate include Topamax, Topamax sprinkle, and Topiragen.

How do I know if my child has a cleft lip or cleft palate?
Cleft Lip and Palate birth defects occur when parts of the lip or palate fail to completely fuse together.  The defect can result in a small, notched lip or in extreme cases, an open groove that extends from the roof of the mouth to the nose.  Your pediatrician should be able to diagnose such a birth defect. 

Why wasn’t there a warning on the product label?

In fact, due to various studies showing the harmful birth defects, on January 21 2011, the FDA requested a scientific review of the side effects of Topamax.  As a result of the study, the FDA issued a warning on March 4, 2011 that increased the pregnancy warning to Category D – which means there is positive evidence of human fetal risk.

What should I do if I think my baby was injured by a side effect of Topamax?

You should contact O’Hanlon, McCollom & Demerath immediately.  You should also save the defective product, including any packaging and directions.  If your infant is injured, you should get immediate medical attention and follow your doctor's instructions.  You should also take pictures of your child’s injuries as well as the defective product.  You should also try to document in writing any non-visual injuries such as pain and impairment.  Finally, you should contact the Consumer Product Safety Commission at 800-638-2772.

At O’Hanlon, McCollom & Demerath, our Topamax attorneys understand that your baby’s injuries may not be your fault.  Our expertise and experience, combined with our highly trained staff, make us uniquely well-equipped to handle even the most complex product liability claims.  If you suspect your infant has an injury due to Topamax, such as a cleft palate, cleft lip, or any other birth defect, please contact us immediately for a free consultation.

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