Statute of Limitations Still Running on Depakote Claims

Miami, FLPatients who took Depakote might think that the statute of limitations has run out, ending their ability to file a lawsuit. That's because they may have taken Depakote a long time ago. In many cases, however, the statute of limitations starts running from when the injury occurred, not from when the medication was taken, meaning a Depakote lawsuit could still be filed.

Depakote (also known as valproate Semisodium or divalproex sodium) is an anticonvulsant medication that was used not only for seizures but also for migraines, bipoloar disorders and mania. Women who had migraines and were depressed were also reportedly given Depakote, as were children under the age of two who had seizure activity after birth.

One of the problems with Depakote side effects is that there is no fixed window of reactivity. That means patients could have taken the drug years ago and experienced adverse reactions immediately, or they could have taken it years ago and not experienced any problems until recently.

Among the reported Depakote side effects are a risk of pancreatitis and liver failure. Meanwhile, there are potential risks to a newborn baby who was exposed to the anticonvulsant while in the womb. Those side effects include deformation of the spinal cord, spina bifida and neural tube defects.

A study published in the New England Journal of Medicine (06/10/10) found that infants whose mothers took valproic acid (a chemical compound marketed as Depakote) during the first trimester of pregnancy were 12.7 times more likely to have spina bifida compared with babies who were not exposed to valproic acid. They were also 2.5 times more likely to have a heart defect and 5 times more likely to have a cleft palate.

It is not just newborns that could suffer the effects of Depakote use. In 2000, Abbot Laboratories, maker of Depakote, sent a "Dear Health Care Professional" letter, warning doctors about an update to the drug's warning section. The new black box warning includes the following:

"Cases of life-threatening pancreatitis have been reported in both children and adults receiving valproate. Some of the cases have been described as hemorrhagic, with a rapid progression from initial symptoms to death. Cases have been reported shortly after initial use as well as after several years of use."

Patients who have used Depakote and experienced nausea, vomiting and difficulty putting on weight are advised to seek medical attention. Depakote should not be discontinued without the help of a medical professional. Anyone who experiences symptoms of pancreatitis or liver failure and was on an anticonvulsant but is not sure if they took Depakote should contact their doctor to find out.