Colorado Mass Tort Attorneys – Burg Simpson

Depakote® / Depakene

Depakote® is a prescription drug sold by AbbVie, Inc. that is approved to treat certain seizure disorders, manic episodes associated with bipolar disorder, and migraine headaches. Depakote® contains valproic acid, which has been shown by scientific literature to cause birth defects, cognitive deficits, and behavioral impairments.

Our Lawyers are equipped to handle your Mass Tort case.

Our Mass Tort attorneys represent survivors nationwide. We have the resources and experience with complex lawsuits to help to get you the compensation you need and deserve. If you or your loved one have suffered injuries due to dangerous drugs, please email us or call today at 1-888-895-2080 for a free, no-obligation consultation.

• Heart defects
• Craniosynostosis (premature closure of sutures in skull)
• Limb defects (such as club foot or multiple fingers/toes)
• Cleft palate/lip
• Eye defects
• Hypospadias (abnormal location of urethra in males)
• Other major malformations

Abbott Pharmaceuticals and AbbVie Inc. face hundreds of lawsuits by children alleging serious birth defects caused by the drug Depakote, which the children’s mothers took during pregnancy. Depakote is prescribed to treat epilepsy, bipolar disorder, and for migraine prophylaxis. The lawsuits involve claims that Depakote caused serious birth defect injuries, such as spina bifida, heart defects, cleft palate, and neurological complications that can result in autism spectrum disorders and developmental delays. All of these injuries can have devastating impacts on children and their families.
Jury Verdict: Depakote Caused Birth Defects
On May 26, 2015, a St. Louis jury ruled in favor of a family who alleged exposure to Depakote® during pregnancy caused their child to develop birth defects, including spina bifida. The jury found that Abbott failed to warn the mother that taking Depakote® while she was pregnant would expose her child to an unnecessary risk of serious birth defects.
The jury awarded $15 million in compensatory damages and $23 million in punitive damages. Abbott is expected to appeal.
Abbott’s $1.5 Billion Criminal Sanction
In 2012, Abbott pleaded guilty to criminal and civil charges by the U.S. government that it illegally promoted Depakote. Abbott was required to pay $1.5 billion as part of a settlement of those charges. This settlement followed an investigation by the Department of Justice, which found that Abbott promoted Depakote for unapproved uses.
Restrictions on Use of Depakote in Pregnancy
As a result of the risk of birth defects with Depakote, in 2013 Abbott revised the Depakote label to warn that due to the risks to developing babies, Depakote should not be taken by pregnant woman to treat migraine headaches. With regard to treatment of migraines, the Depakote was changed to “Pregnancy Category X,” which means the risk to pregnant women clearly outweighs the benefit of the drug. The revised label also warns that Depakote should only be used during pregnancy as a last resort for seizures or bipolar disorder, if other drugs are not effective in treating the pregnant mother’s symptoms.
The updated warning label also confirms that Depakote can cause decreased IQ scores in children exposed to the drug in the womb.
BURG SIMPSON is currently investigating legal claims regarding children whose mothers took Depakote during pregnancy and who developed birth defects. Contact us today for a confidential, free, no-obligation consultation.

Depakote® has also been associated with an increased risk of neural tube defects, including spina bifida. While the rate of neural tube defects in the general population is 0.1 to 0.2%, the incidence rate in children exposed to Depakote® in the first trimester is reported to be as high as 5%.

• Low IQ
• Autism Spectrum Disorder
• Autistic Disorder
• Asperger’s Disorder
• Pervasive Developmental Disorder (“PDD-NOS”)

Will it cost me anything to find out if I have a claim?
No. We offer clients a free, no obligation case evaluation. We pay for the cost of obtaining your medical records, any expert reviews, and court filing fees. We only receive reimbursement and a fee for our work if the drug company pays your claim. Visit the FAQs page for more details. (link)

What’s my next step?
Act now to ensure your claim is timely filed. Many have already submitted claims. Indecision could mean losing the opportunity to receive just compensation. The time you have in which to file a claim depends on a variety of factors, including the state in which you live.

Powerful Firm. Personal Touch.
With our resources, we can provide the level of service that smaller firms often cannot, while still retaining the personal touch that you deserve. Our close relationships with many other national law firms and expert consultants around the country means you also have a national team of lawyers and experts on your side.

Why choose the Burg Simpson law firm?
• 50+ lawyers
• 10,000+ clients
• Federal Court appointments as Lead Counsel in several Multi-District Litigation cases
• #1 Products Liability Law Firm in the U.S. (Martindale-Hubbell)
• Nationwide representation
• A 37-year history of success

Gov. Hickenlooper Signs Workers Comp PTSD Bill Into Law

 June 8, 2017

Gov. Hickenlooper Signs Workers Comp PTSD Bill Into Law

The third time’s the charm for PTSD relief for Colorado’s first responders. After a pair of failed attempts over the past few years, the legislature finally sent a bill to the governor this year that would allow first responders to apply for mental impairment claim under Colorado workers’ compensation law after a “psychologically traumatic event.”… Read more »

Michael Burg Blasts Big Pharma

 June 6, 2017

Michael Burg Blasts Big Pharma

The political environment in DC couldn’t be better for Big Pharma. And it’s about to get worse, which is what worries Burg Simpson co-founder Michael S. Burg. “Dr. Scott Gottlieb, the newly appointed commissioner of the Food and Drug Administration, is so financially tied to Big Pharma that he could not possibly be a reliable… Read more »

Burg Simpson Eldredge Hersh & Jardine Selected to the Legal 500 List For 2017

 May 31, 2017

Burg Simpson Eldredge Hersh & Jardine Selected to the Legal 500 List For 2017

This Year Marks the Sixth Time the Denver-Based Law Firm Has Been Named to the Prestigious List May 29, 2017 (Denver, CO) – Burg Simpson Eldredge Hersh & Jardine, one of America’s foremost plaintiff trial firms, is proud to announce it has been selected to The Legal 500 for 2017 and founding shareholder Michael S…. Read more »

Nick D. Fogel Earns Workers’ Comp Honor

 May 24, 2017

Nick D. Fogel Earns Workers’ Comp Honor

The awards just keep coming in for the attorneys at Burg Simpson. The Professionals in Workers’ Compensation (PWC) named shareholder Nick D. Fogel the 2016 Outstanding Claimant Attorney of the Year. Nick is Burg Simpson’s workers’ compensation department head and has extensive experience working with clients who’ve been injured at work. “I was humbled and… Read more »

Device Recall - Dangerous Medical Devices Attorney – Burg Simpson

 April 24, 2017

What is a Medical Device Recall?

When a person undergoes a medical procedure involving the use of a medical device, that person trusts it’s safe and effective. Unfortunately, this isn’t always the case. When it becomes clear that a medical device is causing unexpected harm to consumers, a medical device manufacturer must take measures to address such serious problems. One such… Read more »

Reverse Shoulder- denver Mass tort lawyers - Burg Simpson

 February 17, 2017

Recall Alert: Comprehensive Reverse Shoulder Recalled by Zimmer Biomet

Zimmer Biomet has issued a Class I Recall of its Comprehensive Reverse Shoulder due to higher than reported fracture rates.  Zimmer Biomet issued the recall on December 15, 2016.  The Zimmer recall includes thousands of Comprehensive Reverse Shoulders.  The recalled devices were distributed between October 2008 and September 2015.  As part of the shoulder recall,… Read more »

Mike Burg Holds First Book Signing for Trial by Fire at Tattered Cover

 August 18, 2016

Mike Burg Holds First Book Signing for Trial by Fire at Tattered Cover

Last month at the Tattered Cover Book Store in Denver, Colorado, a crowd of over 100 were treated to an evening with Burg Simpson attorney and author, Mike Burg. Speaking about his new book, Trial By Fire: One Man’s Battle to End Corporate Greed and Save Lives, Mike discussed his childhood and his motivations that… Read more »

Talcum Powder and Ovarian Cancer?

 August 12, 2016

Talcum Powder and Ovarian Cancer?

Many cases of ovarian cancer diagnosed each year may have been caused by the regular use of talcum powder. Talc is a mineral made up of silicon, magnesium and oxygen. Because of its unique ability to absorb moisture, talc is common ingredient in Johnson & Johnson Baby Powder, Shower to Shower, and other household products… Read more »

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

 May 3, 2016

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

A Ring of Fire first! Host Farron Cousins talks to former Senator Alan Simpson in a unique opportunity on Ring of Fire to speak with a Republican about the current state of the Republican Party.

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

CBS 4 in Denver highlights Burg Simpson attorney Michael S. Burg’s induction into the Trial Lawyer Hall of Fame

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

Denver’s Radio 850KOA ran a news story about Michael Burg’s induction into the Trial Lawyer Hall of Fame.

Burg Simpson Legal Minute: Civil Justice System

 April 21, 2016

Burg Simpson Legal Minute: Civil Justice System

Burg Simpson shareholder Calvin Tregre Jr. examines changes to the civil justice system, where limitations have been placed on monetary awards to seriously injured victims of corporate negligence. Are you protected?

Trial Talk magazine

 November 18, 2015

Trial Talk: Cross Appeal? Now What?

Burg Simpson Attorney and Shareholder Diane Vaksdal Smith’s article, published in CTLA’s Trial Talk, April/May 2015, addresses specifics of appellate practice and procedure. Download full article PDF

Net Neutrality

 November 18, 2015

Net Neutrality: A Panel Discussion

Rick D. Bailey contributes his opinion on Net Neutrality in this panel article published in Best Lawyers® Business Edition, Summer, 2015. Download full article PDF

The Trial Lawyer Magazine

 November 18, 2015

Homebuilders v. Homeowners

Threats to Shift an Already Tilted Playing Field More in Favor of Homebuilders Burg Simpson attorneys Jennifer A. Seidman and Ronald M. Sandgrund examine what could happen if lawmakers allow builders to take advantage of and mischaracterize the causes of the Great Recession’s lingering effects, and the facts regarding the real causes of the decline… Read more »

Rick Bailey - Hearing and Mishearing

 November 18, 2015

Hearing and Mishearing: Psychoanalytic Observations on the Attorney-Client Relationship

Trial lawyer Rick D. Bailey co-authored this white paper with David Stevens, a practicing psychoanalyst/clinical psychologist and associate professor at the university of Colorado Health Sciences Center. They address the attorney-client relationship throught the lens of psychoanalysis and cognitive neuroscience. Download full article PDF

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