Being prescribed a medication during pregnancy involves an enormous amount of trust. You trust that the drug is safe, that your prescribing physician weighed the risks, and that the manufacturer disclosed everything necessary to protect you and your baby. When that trust is broken and a child is born with serious birth defects linked to medication exposure, the consequences can be devastating and lifelong.
If you or someone you know took a prescribed medication during pregnancy that may have contributed to a birth defect, the first step is to seek comprehensive medical care for your child. After that, speaking with an attorney who handles Orlando defective product claims can help you determine whether a drug manufacturer, prescribing physician, or another party may be legally responsible for what happened.
What Makes a Drug Dangerous to a Developing Fetus
A teratogen is any substance capable of causing developmental abnormalities in a fetus. According to the National Institutes of Health, medications for neurologic conditions are among those with the highest teratogenic potential, and the first trimester of pregnancy, when organs are forming, is the period of greatest vulnerability to significant malformations.
The FDA has long maintained a classification system for drugs based on their risk to a developing fetus. Drugs in the most serious categories carry evidence of fetal harm but may still be prescribed when the benefit to the mother is considered to outweigh the risk. The problem arises when manufacturers downplay known risks, fail to update their warnings in a timely manner, or when healthcare providers prescribe medications without fully informing patients of the dangers.
Drugs with Documented Birth Defect Risks
Several commonly prescribed medications carry documented risks of fetal harm when taken during pregnancy. Among those with the most significant evidence are:
- Isotretinoin (Accutane), prescribed for severe acne, which is associated with serious defects of the central nervous system, heart, and ears
- Valproic acid, used for seizures and migraines, which carries a significant risk of neural tube defects and developmental delays
- Thalidomide, used in certain conditions, which is linked to severe limb deformities and structural abnormalities
- Warfarin and certain other blood thinners, which have been associated with skeletal and cartilage defects in exposed fetuses
- Certain antibiotics, including tetracyclines, which may affect fetal bone development
This is not an exhaustive list, and new data continues to emerge about additional drugs. If a medication you took during pregnancy does not appear here, that does not mean a claim cannot be pursued.
Legal Options When Medication Causes Harm to a Child
Claims related to birth defects caused by prescription medications may fall under product liability law, medical malpractice, or both. A product liability claim may be appropriate when a manufacturer knew about teratogenic risks and failed to adequately warn patients and prescribers. Our attorneys who handle Orlando medical malpractice cases are also experienced in evaluating the role prescribing doctors may have played when informed consent was incomplete or contraindications were ignored.
In the most serious cases, where a child does not survive, a Florida wrongful death claim may also be available. The statute of limitations for a wrongful death case is two years in Florida; however, the time frame is dependent on the unique details and factors surrounding your specific case, so consulting an attorney promptly is strongly advisable.
Wooten, Kimbrough, Damaso, and Dennis, P.A. Fights for Families
Families dealing with birth defect injuries caused by pharmaceutical negligence deserve skilled, compassionate representation. Wooten, Kimbrough, Damaso, and Dennis, P.A. has been helping the injured in Florida since 1966, and our firm holds the highest ranking for Orlando injury lawyers in the Best Law Firms report by U.S. News and World Report. Our attorneys are board certified by the Florida Bar in civil trial litigation, and we have recovered hundreds of millions of dollars for clients and families throughout Central Florida.
If you believe your child’s birth defect may be connected to a medication taken during pregnancy, please reach out through our contact form for a confidential, no-cost consultation.
Legally Written and Reviewed by a Managing Partner
Wooten, Kimbrough, Damaso, and Dennis, P.A.
Our content is written and reviewed by our founding attorneys Butch Wooten, Orman Kimbrough, Mike Damaso, and Tom Dennis. Helping the injured since 1966, they’ve successfully handled thousands of personal injury cases across Florida. Whether you’re a Florida resident or an out-of-state visitor injured in Florida, we’re dedicated to providing clear and reliable information to help you navigate your legal options confidently.