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Topamax Lawsuit Process

Treat Your Infant’s Injuries

A cleft lip or palate can be successfully treated with surgery, especially so if conducted soon after birth or in early childhood.  Most children with a facial cleft are monitored by a cleft palate team or craniofacial team through young adulthood.  Within teams, treatment can differ between individual cases depending on the type and severity of the cleft.  For example, some teams wait to correct the palate until the child is age 10-12, while other teams correct the jaw earlier.

Collect Evidence

Documentation is critical to a successful lawsuit.  Keep all records of your Topamax prescriptions.  In addition, keep all unused medicine containers and any medical records or receipts you may have.  Finally, preserve all documents related to your child’s prenatal care, including sonograms, testing, and birth records.

Retain a Qualified Attorney

Many infants have suffered birth defects due to Topamax.  At O’Hanlon, McCollom & Demerath, our product liability attorneys understand that your child’s injuries may be the result of a defective drug.  If you suspect your child has an injury related to a side effect of Topamax and need to talk to an experienced team of professionals, please contact us immediately to discuss your case.

Attorney Prepares Demand

Once all documentation is received, it is organized, summarized and packaged for a settlement proposal to the pharmaceutical manufacturer. This proposal is called a settlement demand or settlement brochure.  Your attorney will want to work closely with you to ensure that the settlement package is accurate, complete and proposes a settlement that you approve.  Your attorney should go over each aspect of your product liability case, and estimate the full value of the case.

Claim Negotiation

Once the pharmaceutical manufacturer has reviewed the demand package, its counsel will propose a certain dollar amount to settle your claim.  Your attorney will then consult with you and make a counteroffer – your attorney's negotiation skills are extremely important during this phase.  After several more offers and counteroffers, a final amount will be reached.  You are the sole decisionmaker on whether to accept or reject that offer.  Your attorney will advise based on the facts of your case, but you make the final decision.  If you reject the claim, the case proceeds to trial.

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