When is a Depakote lawsuit time barred?
That was the question the Louisiana Supreme Court had to decide – and its ruling may provide courts across the nation with a better understanding of when the statute of limitations in a Depakote birth injury case begin to run. According to court documents, Ginger Bailey was a psychiatric patient with a long history of treatment and hospitalization for bipolar disorder and had been treated with various prescription medications over the years – including Depakote. She became pregnant while taking the drug, but had no idea that Depakote use could cause birth defects – because no one had told her. In a subsequent ultrasound, doctors confirmed that her yet-unborn child would suffer from several birth defects caused by Depakote use. The child, a girl named Jada, was born with Spina Bifida, mental retardation, paralysis from the waist down and many other birth defects. Bailey filed a Louisiana medical malpractice lawsuit against her doctors and the pharmacies where she purchased the Depakote.
