Products Liability

Use of Depakote During Pregnancy Can Lead to Birth Defects

The Food and Drug Administration has warned that women who use the seizure and migraine drug Depakote while pregnant are more likely to give birth to a child with major birth defects than those who use other seizure drugs. According to data reported by the FDA, sixteen major types of birth defects have been linked to the use of Depakote by pregnant women.

The most commonly reported birth defects among women who used Depakote during the first trimester of pregnancy were neural tube defects—including spina bifida and anencephaly—which affect the brain or spinal cord. According to the FDA’s warning about Depakote birth defects, women who take the drug during the first trimester are four times more likely to give birth to a child with spina bifida or other neural tube defects than users of other seizure medications. The same data cited in the FDA’s Depakote warning found that pregnant women who used the medication were up to 80 times more likely to give birth to a child with major birth defects than the general population. In addition to neural tube defects, the agency also cited an increased risk of craniofacial defects, heart defects and other malformations associated with the use of Depakote.

Researchers have found other evidence linking Depakote and birth defects. A 2010 study published in the New England Journal of Medicine found that Depakote was linked to an increased risk of a number of other pregnancy side effects, including microcephaly, atrial and ventricular septal defects, pulmonary valve atresia, cleft palate, hypospadias, clubfoot, polydactyl and craniosynostosis.

If you or a loved one used Depakote during pregnancy and gave birth to a child with neural tube defects, heart defects or other congenital malformations, you may be eligible to file a lawsuit. For a free legal consultation, contact the lawyers at The GOULD FIRM today.

$14.5 Million for Brain Damage Caused by Little League Injury (Dangerous bat)

A personal injury lawsuit filed on behalf of a boy who suffered brain damage during a little league game in New Jersey settled for $14.5 million last month. Steven Domalewski, now 18, sustained life threatening injuries in 2006 while pitching in a little league game when a baseball struck by a player using a metal bat came back and hit him on the chest. The blow caught him at the exact spot and moment to cause a heart attack.  Domalewski lost oxygen to his brain for an estimated 15 to 20 minutes despite the efforts of first responders on the scene.

Laims were brought against  Little League Baseball, the manufacturer of Louisville Slugger bats and the sporting goods chain The Sports Authority, claiming that it was dangerous to allow the metal bat to have been used because it can hit balls at greater speeds than wooden bats. The family sought damages to cover the long term care that their son now requires just to perform basic life functions.

The details of the settlement were not were not disclosed, but the $14.5 million settlement speaks for itself as far as the defendants accepting responsibility for the accident that caused irreparable damage to one boy’s life. In this case, the bat manufacturer and Little League voluntarily made a payment of this magnitude is a sign that they feel the community at large would agree that the bat should have been safer.

Premises Liability

Man Blinded at Medieval Times Files Suit

A South Dakota married couple has filed a $10 million lawsuit against novelty restaurant Medieval Times, claiming the husband was partially blinded when a shard of metal struck his eye during a mock sword fight. In the suit, the couple, who was sitting in the front row of the VIP section, said a small piece of one of the swords detached during the fight, striking Dustin Wiseman in his left eye, leaving him legally blind despite multiple surgeries. The suit accuses the restaurant chain of failing to take proper precautions to protect its patrons. 


City Settles Suit over Man's Death During Blizzard

The city of Pittsburgh has agreed to settle a lawsuit with the children of a local man who died during a 2010 blizzard when paramedics failed to reach his home. The lawsuit criticized paramedics for failing to do more to get to the victim's home and the city for not properly training emergency response crews. The details of the settlement were confidential.

Elder Abuse

Fourth Suit Filed over Fatal Adult Care Center Fire

A fourth wrongful death lawsuit has been filed over a fire at an adult care facility in Marina, Ala., that killed five people. The suit, filed by the family of one of the victims, claims the center did not have a sprinkler system installed and had failed to train its employees in proper evacuation techniques. The lawsuit is seeking actual and punitive damages.    


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