Class action lawsuit claims Depakote caused birth defects

Michelle Keahey Aug. 20, 2012, 5:16am


NEW ORLEANS - A New Orleans mother has filed a class action lawsuit against the manufacturers of the drug Depakote, which claims the drug caused her child to be born with birth defects.

Maggie Henehan, individually and on behalf of her minor child, filed suit against Abbott Laboratories Inc. on Aug. 7 in federal court in New Orleans.

Henehan alleges that the ingestion of the prescription anti-convulsant drug Depakote during her pregnancy caused her child to be born with birth defects.

Abbott Laboratories is accused of refusing to communicate the true nature and extent of the birth defect risk in its product labeling and warnings.

The defendant is accused of construction or composition defect, design defect, inadequate warning, breach of express warranty, and redhibition.

The plaintiff is seeking damages for severe and permanent injuries, physical impairment, physical pain and suffering, mental pain and suffering, loss of enjoyment of life, medical expenses, loss of earnings and of future earning capacity, fear of future injuries, medical monitoring, and attorney's fees.

Henehan is represented by Michael Hingle, Bryan A. Pfleeger, and Ronald J. Favre of Michael Hingle & Associates in Slidell. A jury trial is requested.

U.S. District Judge Jane Triche Milazzo is assigned to the case.

Case No. 2:12-cv-02024

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