Topamax Lawsuit 2022 | Topamax Birth Defects Lawsuit

Topamax Lawsuit Overview

Topamax (generically named Topiramate) is an anticonvulsant medication used by patients to treat epilepsy, nerve pain, seizures and to prevent migraine headaches.

The Topamax Lawsuit (specifically the Topamax Birth Defects Lawsuit) alleges that Janssen Pharmaceuticals, the manufacturer, failed to warn women and doctors about the drug’s risk for causing birth defects and other side effects.

Topamax Lawsuit; Topamax Birth Defect Lawsuit; Topamax Birth Defects Lawsuit; Topamax Oral Clefts Lawsuit; Topamax Oral Cleft Lawsuit; Topamax Cleft Palate Lawsuit; Topamax Cleft Palates Lawsuit; Topamax Cleft Lip Lawsuit; Topamax Cleft Lips Lawsuit

Children of pregnant women who used Topamax, particularly during the first trimester of pregnancy, have an increased risk for the development of oral clefts and other potential birth defects.

If you or a loved one used Topamax or Topiramate prescriptions while pregnant, and the child subsequently developed a cleft palate or other birth defects, you may qualify for a Topamax Lawsuit.

Contact TorHoerman Law for a free consultation or use the chatbot on this page to see if you qualify for legal action instantly.

Frequently Asked Questions

Topamax is a prescribed medication for the treatment of epileptic seizures and other certain types of seizures.

Topamax has also been used to treat bipolar disorder and prevent migraine headaches.

Minor Topamax side effects may include, but are not limited to:

  • Tiredness
  • Drowsiness
  • Dizziness
  • Loss of coordination
  • Confusion
  • Trouble concentrating
  • Memory problems
  • Weight loss

If taken by pregnant women, Topamax can present an increased risk of cleft lip and other oral clefts, as well as other potential birth defects.

There is also scientific research on the incidence of metabolic acidosis resulting from Topamax use.

Metabolic acidosis is the build-up of acid in body fluid, which can lead to several dangerous medical conditions.

Other serious side effects include, but are not limited to:

  • Kidney stones
  • Rapid breathing
  • Irregular heartbeat
  • Bone pain
  • Loss of consciousness
  • Unusual bleeding and bruising

Though there are risks associated with Topamax use, the potential benefits for patients in treating epilepsy and seizures are enough for a medical professional to prescribe the medication.

Table of Contents

Topamax Birth Defects Lawsuit: What Birth Defect Risks are Related to Topiramate Prescriptions?

Scientifically positive evidence has linked Topamax to certain birth defects.

If you took Topamax while pregnant, and your child suffered birth defects, you may qualify for a Topamax Lawsuit.

topamax birth defect lawsuit, topamax lawsuit, topamax linked to oral cleft, cleft lip topamax

According to a 2008 study published in Neurology, babies of pregnant mothers taking Topamax suffered birth defects at rates 11 times higher than average.

Topamax Birth Defects: Risk of Oral Clefts in Infants Exposed to Topiramate Drugs

Infants exposed to Topiramate in utero experience an increased risk of developing Oral Clefts (also known as a Cleft Lip or Cleft Palate).

Oral clefts, cleft palate or cleft lip are birth defects that occur when a baby’s lip and mouth do not form correctly during pregnancy.

Oral clefts occur early on in pregnancy, even before a woman discovers that she is pregnant.

Cleft palate refers to a split in the roof of the mouth and is sometimes not forwardly visible.

Cleft lip refers to a split in the top lip.

In 2011, the U.S. Food and Drug Administration released a warning on Topamax and the risk of cleft palate in developing babies.

The FDA originally labeled Topamax as a pregnancy category C drug, meaning that clinical trials on animals indicated potential risks for fetal injury, but they were not yet known for humans.

Now, Topiramate is labeled as a pregnancy category D drug, as new data shows risks for development of cleft lip, cleft palate and oral clefts generally.

The following guidance was released alongside the FDA Drug Safety Communication on cleft palate risks:

  • Women of childbearing age who do decide to take topiramate and are not planning a pregnancy should use effective birth control (contraception) while taking topiramate. Women should talk to their healthcare professionals about the best kind of birth control to use while taking topiramate.
  • Before you start topiramate, you should tell your healthcare professional if you are pregnant or are planning to become pregnant. Healthcare professionals may discuss other treatment options with you.
  • You should tell your healthcare professional right away if you become pregnant while taking topiramate. You and your healthcare provider should decide if you will continue to take topiramate while you are pregnant.
  • Topiramate should not be stopped without talking to a healthcare professional, even in pregnant women. Stopping topiramate suddenly can cause serious problems. Not treating epilepsy during pregnancy can be harmful to women and their developing babies.
  • If you become pregnant while taking topiramate, you should talk to your healthcare professional about registering with the North American Antiepileptic Drug Pregnancy Registry. You can enroll in this registry by calling 1-888-233-2334. The purpose of this registry is to collect additional information about the safety of antiepileptic drugs during pregnancy.

Other Topamax Birth Defects

Taking Topamax during pregnancy may be associated with birth defects other than oral clefts and cleft lip/palate.

A study published in the National Library of Medicine found that Topiramate and other antiepileptic drugs such as Zonisamide can lead to low birth weight and small for gestational age (SGA), which is defined as weight below the 10th percentile for gestational age.

Do Seizure Medications or Other Antiepileptic Drugs Pose a Human Fetal Risk?

Seizure medications have been linked to congenital heart defects, urinary tract defects and neural tube defects in babies of mothers who took them while pregnant.

Research on the association between birth defects and seizure medications include the following:

  • National Library of Medicine: Epilepsy drugs and effects on fetal development: Potential mechanisms
  • Neurology: Risks of 23 specific malformations associated with prenatal exposure to 10 antiepileptic drugs
  • National Library of Medicine: Influencing clinical practice regarding the use of antiepileptic medications during pregnancy: modeling the potential impact on the prevalences of spina bifida and cleft palate in the United States

Department of Justice Forces Janssen Pharmaceuticals to Pay for Off Label Promotion

In 2010, Janssen Pharmaceuticals (formerly Ortho McNeil Janssen Pharmaceuticals) was ordered to pay $81 million to resolve criminal and civil liability arising from the illegal promotion of Topamax.

The Johnson & Johnson subsidiaries allegedly engaged in off label promotion of Topamax, hiring outside physicians to visit healthcare professionals and healthcare providers to market the drug for psychiatric conditions.

Filing a Topamax Lawsuit: Do I Qualify?

If you used Topamax to treat seizures and migraines during pregnancy, and your child was born with a cleft lip, cleft palate, or oral clefts, you may qualify for a lawsuit.

topamax birth defect lawsuit, topamax lawsuit, topamax linked to oral cleft, cleft lip topamax

Evidence in Topamax Lawsuits

Evidence is key in any personal injury lawsuit, but it is especially important in lawsuits involving dangerous medications.

Evidence in a Topamax lawsuit may include:

  • The mother’s medical records and bills
  • The child’s medical records and bills
  • Prescription records
  • Proof Topamax was used during pregnancy (specifically during the first trimester of pregnancy)
  • Any communication between healthcare providers and patients
  • Personal accounts of injuries and written testimony
  • Photos or videos of birth defect
  • Proof of costs associated with birth defect or injury

Damages in Topamax Lawsuits

Damages are the total losses, both non-economic and economic, that an injured party incurs as a result of their injury.

In many personal injury lawsuits, the injured party will choose to file for both compensatory damages and punitive damages.

After assessing all damages that you incurred, your Topamax attorney will file a complaint demanding compensation to repay your damages.

Common damages in Topamax Lawsuits include:

  • Medical expenses resulting from injuries
  • Future medical expenses resulting from the injuries
  • Pain and suffering or post traumatic stress disorder, both physical and mental, caused by the injuries, treatment, and recovery period
  • Wage loss, loss of earning capacity
  • Other costs associated with our injuries
  • Loss of enjoyment of life resulting from damages
  • Punitive damages against the manufacturer

Infants born with a cleft lip, cleft palate, or oral clefts typically must undergo surgical intervention during childhood.

This can be financially and emotionally costly for children and their mothers.

TorHoerman Law: Accepting Clients for Topamax Lawsuit (Topamax Birth Defects Lawsuit)

TorHoerman Law attorneys are accepting clients in all 50 states for Topamax lawsuits.

Our team understands the difficulty of coping with an unexpected medical condition at no fault of your own.

topamax birth defect lawyers, topamax attorneys, topamax lawsuit attorneys

We’ve secured over $4 billion in compensation for people harmed at no fault of their own.

Our prior results speak to our team’s expertise, and we’re here to help you get the compensation you’re owed for the trauma you’ve endured.

Contact TorHoerman Law for a free consultation or use the chatbot on this page to see if you qualify for legal action instantly. 

Tor Hoerman

Tor Hoerman

Owner & Attorney - TorHoerman Law



Tom Lewis

TorHoerman Law was responsible for handling a medical case for our family. I was extremely impressed with their professionalism and ability to react quickly. They also did a nice job keeping us updated with the case throughout the process. This was the first time experiencing a situation like this and Tor Hoerman law did an excellent job from start to finish.

Jordan Terry

TorHoerman Law is an extraordinary law firm – a firm that truly makes the client’s best interests the primary concern. Their team of personal injury lawyers are experienced, personable, and well versed in a range of litigation areas. They are supported by a dedicated team of staff that are as equally friendly and helpful. I would recommend TorHoerman Law for any personal injury litigation needs.

Dave Woodley

All of my questions were answered quickly and in a way I could understand. Steve and the entire staff were friendly and professional.

Jordan Butler

I highly recommend this law firm! The attorneys and staff at THL worked hard, communicated every step of the process, kept me well informed at all times, and exceeded all expectations! The staff is kind, considerate, professional, and very experienced. Look no further, call now!

Maddy Moeller

Top-notch, hardworking attorneys!

Karen Hersman

A wonderful and professional legal team. They helped me when I needed expert legal representation! Thank you TorHoerman Law!

Angel Truesdale

They contacted me the next day. Very nice people!

We'll Help You Balance The Scales of Justice

We're ready to fight for you. We're ready to be your ally. And we're ready to start right now.

Dont' waste time, contact our law offices today.

Edwardsville, IL

Chicago, IL

St. Louis, MO

Disclaimer: The contents of this webpage have been prepared by TorHoerman Law, LLC for informational purposes only. None of this information is intended as either legal or medical advice or opinions. No attorney/client relationship is established with use of this website. Sending or receiving information through this site, posting to our blogs/news site does not establish an attorney/client relationship. An attorney/client relationship with TorHoerman Law is established only by an express and written agreement by TorHoerman Law to represent you. Our attorneys make a case-by-case assessment of any claims and results may vary depending on the facts concerning any case. The attorneys at TorHoerman Law are licensed to practice in Illinois, Missouri, and California. In some circumstances, cases may be sent to other qualified lawyers. In those circumstances, TorHoerman Law maintains joint responsibility.