Reviewed by Mark R. Miller, Esq.

Wallace Miller is currently accepting clients for participation in a mass tort lawsuit against the manufacturers of Depakote, an anticonvulsant drug that has been linked to autism spectrum disorder (ASD) and severe ADHD. 

If you or a loved one took Depakote during pregnancy and your child has since been diagnosed with severe ADHD or autism, you may be eligible to join our fight for compensation. Contact us for a confidential consultation free of charge at (312) 261-6193 or fill out our online questionnaire. 

Timeline

March 20, 2024 — A study published in the New England Journal of Medicine and funded by the National Institute of Mental Health finds that valproate use during pregnancy is associated with an increased risk of neurodevelopmental disorder including autism. 

December 2020 — Using data from more than 10,000 children, a study in Neurology finds that children born to people who take valproic acid during the first trimester of pregnancy have an increased risk of autism spectrum disorder and ADHD. 

March 2020 — French prosecutors charge a European valproate manufacturer with manslaughter based on links between the drug and birth defects, including autism and learning difficulties. 

May 2013 — The FDA issues a warning that Depakote should not be used to treat migraines by people who are pregnant because it can cause decreased IQ in unborn children. 

2010 — A review in Depression and Anxiety suggests a significant connection between valproate and neurodevelopmental delays. The author finds that Depakote exposure can occur as early as the first trimester and may have long-lasting effects. 

2009 — Drawing on five years of research in the United States and the United Kingdom, a study in the New England Journal of Medicine finds that valproate increases the risk of cognitive and behavioral abnormalities. 

1996 — Valproic acid is approved by the FDA for the treatment of migraine headaches. 

1987 — An additional study published in Teratology (now Birth Defects Research) finds an increase in the risk of spina bifida for children born to mothers who have taken Depakote. 

1984 — A study in the American Journal of Medical Genetics finds that neural tube defects are more prevalent among mothers being treated with valproate. 

1983 — The FDA approves valproic acid for treating complex partial or psychomotor seizures. After its approval to treat epilepsy, Depakote’s off-label use expanded to treat bipolar disorder, depression, chronic pain, migraines, and more. 

1978 — The FDA approves valproic acid to treat some forms of epilepsy (specifically absence or petit mal seizures). 

1966 — Initial trials indicate that valproic acid decreases the occurrence and intensity of seizures in epileptic patients. 

What is Depakote?

Depakote, also known as divalproex sodium, is an anticonvulsant medication used to treat epilepsy. It is also prescribed for a number of off-label uses, including treating the manic phase of bipolar disorder and migraine headaches. 

The primary component in Depakote is valproate or valproic acid. While the mechanics of the drug are not fully understood, it works in the tissues of the brain to alter chemical and electrical activity.

What you need to know about the Depakote autism lawsuit

Over recent decades, studies have indicated a link between the use of valproate, the active ingredient in Depakote, and neurodevelopment disorders including autism spectrum disorder (ASD) and attention-deficit/hyperactivity disorder (ADHD). A 2024 study in the New England Journal of Medicine surveyed health care database data over 20 years and found that the risk of autism spectrum disorder was nearly ten times higher for children exposed to Depakote during pregnancy than for children who had not been exposed to antiseizure medication.

Other studies have shown that Depakote use during pregnancy can cause autism and ADHD even when used during the first trimester—before many parents or their doctors are even aware that they are pregnant. Beyond neurodevelopmental issues, cognitive impairment, and behavioral problems, Depakote exposure during pregnancy can cause severe neural tube defects including spina bifida and anencephaly. 

Plaintiffs are in the process of bringing a mass tort lawsuit against defendant AbbVie, the pharmaceutical research division of Abbott Laboratories. Although the lawsuit is still in development, plaintiffs may claim that AbbVie and Abbott Laboratories knew or should have known that Depakote was linked to developmental disorders in children and that they failed in their duty to adequately warn consumers about the risk. 

Understanding autism and ADHD

Autism spectrum disorder (ASD) is a difference in the brain that some individuals are born with. Sometimes characterized as a developmental and neurological disorder, symptoms generally appear within the first two years of life but may also be diagnosed later. 

As a “spectrum” condition, ASD has a wide variety of symptoms and expressions that may include difficulty with communication and social interaction, repetitive or restricted behaviors and interests, different ways of learning, and difficulties with mood or mental health.

Autism may be caused by genetic factors or linked to factors in the environment, including exposure to toxic chemicals or medications. While it does not have a “cure,” many people with autism find it helpful to seek support through therapy, identity groups, and medication for distressing physical or behavioral symptoms. 

Attention-deficit/hyperactivity disorder (ADHD) is a chronic condition that can begin in childhood and often continues into adulthood. While the causes of ADHD are unclear, it has been linked to genetics, problems with the development of the central nervous system, and exposure to toxins like lead or certain chemicals. 

ADHD affects millions of people and is characterized by persistent symptoms including hyperactivity, impulsivity or compulsive behavior, and difficulty sustaining attention. For children with ADHD, it may be difficult to keep up in school and thrive in social situations. However, as with ASD, there are many ways to help handle distressing symptoms, including medication and behavioral assistance. 

Do you qualify for the Depakote ADHD and autism spectrum lawsuit?

If your child was exposed to Depakote during pregnancy and now deals with ASD or ADHD, you may be eligible to participate in the lawsuit against Abbott Laboratories. 

In order to participate in the litigation, you must meet the following criteria: 

• You are the parent or legal representative of a child diagnosed with severe ADHD or autism; 

• Your child was diagnosed with autism spectrum disorder (ASD) or severe ADHD between 18 months and 10 years of age; 

• The individual who carried the pregnancy was prescribed Depakote by their doctor for epilepsy or bipolar disorder; and 

• The individual who carried the pregnancy has used Depakote for at least six months since January 2022. 

Questions about the Depakote autism and ADHD litigation? Our team of attorneys and legal professionals is here to help. Contact our office at (312) 261-6193 for a confidential review of your case. 

Fighting for your loved ones

Wallace Miller is dedicated to protecting the rights of individuals harmed by dangerous products. Our team of attorneys has over 100 years of cumulative experience fighting against multinational corporations to achieve the highest level of compensation for our clients. 

You have a right to safe medication and consumer products—and companies have a duty to verify that their products are safe and warn about any potential risks. If your child or the child of a loved one has been diagnosed with severe ADHD or autism spectrum disorder after prenatal exposure to Depakote, reach out to Wallace Miller. We are available at (312) 261-6193 for a free and confidential consultation, or you can complete a case evaluation at www.wallacemiller.com at any time.