EAST ST. LOUIS – A group of parents claim their children suffered birth defects because the mothers took the medication Depakote during pregnancy.
Sabrina Friend; MLD and MED, minors by Amy Elaine Damon, individually as parent and next friend of MLD and MED; EJ, a minor by Alicia Jones, individually as parent and next friend of EJ; JM, a minor by Michelle Moutray, individually as parent an next friend of JM; SN, a minor by Christina and Gerardo Narvaez, individually as next friends and legal guardians of SN; and LS, a minor by Melissa Silver-Myers, individually as parent and next friend of LS, filed the suit March 21 in U.S. District Court for the Southern District of Illinois against Abbott Laboratories Inc. and AbbVie Inc.
According to the complaint, the plaintiffs' children were born between 1996 and 2008. They allege the children sustained injuries that were allegedly caused by the mothers' ingestion of Depakote during pregnancy. Each child was born with a birth defect.
The defendants formulated, designed, manufactured, licensed, tested, advertised, marketed and sold a drug called Depakote, which was used to control seizures. The plaintiffs allege medical researchers confirmed the medication was riskier for women who are pregnant, according to the complaint.
As a result of their exposure, the children allegedly suffered severe and permanent injuries, suffered physical impairment and disfigurement, endured physical and mental pain and suffering, medical costs, loss of earnings and of future earning capacity, and incurred attorney fees and court costs.
The plaintiffs seek damages for each of the counts — product liability, negligence, breach of implied warranty, breach of express warranty, misrepresentation by omission, fraud and misrepresentation, intentional and negligent infliction of emotional distress and willful and wanton conduct.
They seek actual damages, punitive damages, court costs and other relief the court deems appropriate. A trial by jury is also demanded.
The plaintiffs are represented by George Erick Rosemond of Rosemond Law PC in Houston.
U.S. District Court for the Southern District of Illinois case number 16-cv-307