Benjamin, Abbott, Depakote & Birth Defect

Benjamin, Abbott, Depakote & Birth Defect:  A recent case from the past couple of years in the United States District Court, N.D. Illinois, Eastern Division ruled on a request for remand.

The Benjamin, Abbott, Depakote & Birth Defect case documents what the children of many women that took Depakote for a health concern (e.g. migraine headache, anti-epilepsy drug), during pregnancy may face today – a potential birth defect or birth defects (e.g. spina bifida) The court ruled: For the reasons provided below, Plaintiffs’ request for remand is denied.

A brief summary of the facts include:

  • This case involves four underlying state-court actions removed to this Court byAbbott pursuant to 28 U.S.C. §§ 1332(d) and 1446. The underlying actions allege “claims of children who developed severe birth defects as a result of their mothers’ ingestion of the prescription drug Depakote or related drugs during pregnancy.” 
  • Depakote is an anti-epileptic drug marketed, promoted, and sold by Abbott.
  • At the time of Plaintiffs’ Motion for Remand, ten separate lawsuits had been filed against Abbott relating to Depakote and birth defects: the above-mentioned four cases in the Circuit Court of Cook County; five cases in the Circuit Court of St. Clair County; and one case in the Circuit Court of Madison County.

To find out more on the case, see Case No. 1:12-cv-00385  – May 9, 2012.

UPDATE – February 6, 2013

  1. Plaintiffs brought suit against Defendant, Abbott Laboratories Inc., in multiple state-court actions (collectively, “Depakote Cases”), alleging personal injuries on behalf of children who developed birth defects in utero as a result of their mothers’ ingestion of the drug Depakote, a drug sold by Abbott. Five Depakote Cases, involving 69 Plaintiffs, were removed to the Northern District of Illinois from the Circuit Court of Cook County, Illinois, pursuant to 28 U.S.C. §§ 1332(d), 1446. 


Potentialy, the most problematic aspect of Depakote use is when it is used by women during pregnancy.  Unfortunately, it appears that Depakote – when used during pregancy – may be linked to babies being born with some serious birth defects.

Supposedly, the Food and Drug Administration has even reclassified Depakote and released warnings (label changes) regarding the link between Depakote and birth injuries, which may include:  

  • Abnormal Digits
  • Aortic Stenosis
  • Brain defects
  • Cardiovascular system problems
  • Cleft hands or feet
  • Cleft palate
  • Club Foot
  • Club hands or fingers
  • Congential hip dislocation
  • Craniostenosis
  • Facial dysmorphism
  • Hydranencephaly
  • Hypospadias
  • Polydactyly
  • Scoliosis
  • Skull malformations
  • Spina Bifida 
  • Syndactyly
  • Tetralogy of Fallot
  • Ventricular septal Defect

For more on Depakote and Birth Defects, please visit this link – Depakote & Birth Defects.


At the Gooch Law Firm, we pride ourselves on providing our clients reliable representation for even the most challenging cases. I

f you took Depakote and your child has suffered any potentially serious health problems, side effects or birth defects, please consider speaking with a Depakote lawsuit attorney.  

Our Depakote lawyers can help you determine the best course of action as these health concerns your child is experiencing may be related to the use of Depakote during pregnancy.  To talk to a depakote lawyer about a depakote birth defects lawsuit, please contact our office at 1.844.329.5955.