Tegretol is the brand name of carbamazepine, an anticonvulsant that is available by prescription only. It works by decreasing nerve impulses that cause certain kinds of seizures and pain in people who suffer from epilepsy. It is also a mood stabilizer that can be used for the treatment of bipolar disorder. Tegretol is used to treat certain types of seizures and nerve pain. It is manufactured by Novartis Pharmaceuticals.
Epilepsy is a brain disorder that causes a person to experience seizures, of which there are several different types. Seizures occur as a result of abnormal electrical activity in the brain, causing involuntary changes in sensation, body movement or function, behavior, or awareness.
Tegretol has been associated with birth defects. It can cause harm to a fetus if a woman takes it while pregnant. Specifically, data from scientific studies suggest that the use of this drug during pregnancy is associated with congenital malformations, including spina bifida.
The birth defect known as spina bifida develops when the spinal vertebrae and spinal cord do not normally form in the fetus. It is an abnormality in the development of the neural tube. The neural tube is the structure in a developing embryo that becomes an infant’s brain, spinal cord, and the tissues that surround them.
Typically, the neural tube forms early in the life of a fetus and has closed by the 28th day after conception. With spina bifida, the neural tube does not close or develop properly, causing spinal cord and spine problems. Spina bifida ranges from mild to severe, depending on the varying characteristics of the defect. Early treatment with surgery does not always resolve the problem completely.
Women who used Tegretol during pregnancy have also reported developmental disorders, developmental delays, and congenital anomalies in their babies.
What Are the Side Effects and Adverse Reactions Associated With Tegretol?
In addition to the risk of birth defects discussed above, there are other potentially significant side effects associated with the use of Tegretol. The most serious side-effect is the possibility of developing Steven Johnson’s Syndrome (SJS). This disease causes damage to the mucous membranes of the body and skin cells, causing separation of the layers of the skin.
A more serious version of SJS is toxic epidermal necrolysis (TENS). This disease involves a more serious separation of the layers of the skin. Steven Johnson’s Syndrome and toxic epidermal necrolysis can be fatal or have long-lasting adverse physical effects.
A greater likelihood of developing lupus, an autoimmune disorder, and aggravation of juvenile epilepsy are other risks associated with the use of Tegretol. A person who has a history of bone marrow suppression should not take Tegretol. A person should always tell their doctor about the other medications they take because there can be undesirable drug interactions. One drug can make another less effective or increase the likelihood of side effects.
As with all medications, a person should call their doctor if they experience side effects, such as a fever, unusual weakness, bleeding, bruising, or a skin rash that causes blistering and peeling.
Tegretol causes some people to have suicidal thoughts. Again, a person should report mood changes to their doctor. Tegretol is a medication that a person should not stop taking without direction from their doctor.
In addition to the above side effects, there is a long list of other side effects. A person whose doctor has prescribed Tegretol for them would want to read the complete package insert, which contains comprehensive information about all of the side effects. If a person should experience any of them, they want to contact their doctor.
What Is the Current Status of Tegretol?
Tegretol is still on the market as a treatment for epilepsy, bipolar disorder, and nerve pain. Tegretol has never been the subject of a drug recall. Doctors may still prescribe the medication as treatment for certain approved conditions, e.g., epilepsy. There has not been a class action lawsuit filed against the manufacturer of Tegretol, but people have pressed individual lawsuits against the manufacturer and doctors who have prescribed the medication.
Who Can Be Held Liable for Injuries Caused by Tegretol?
The manufacturer can be liable for injuries caused by their medication. In the case of Tegratol, the manufacturer is Novartis Pharmaceuticals. The most common legal basis for the liability of a manufacturer is failure to warn doctors and their patients of the known risks of their medications.
If the packaging inserts for a medication contain warnings of known defects, it can be difficult to succeed with a claim. The reason is that a person has been warned, and if they take the medication in spite of the warnings, they are considered to have made a choice, i.e., that the potential benefit of using the drug outweighs the risks.
The doctor who prescribes the medication can be liable for medical malpractice for prescribing a drug. For example, in the case of Tegratol, suppose a doctor prescribes this medication for a pregnant woman who suffers from epilepsy when there is another, safer alternative available to prescribe, and the woman’s baby is born with spina bifida. In this case, the doctor may be liable for medical malpractice in spite of the presence of warnings on the package inserts.
The pharmacist who dispensed the medication can be liable for any error they may have made in dispensing the medication to the patient. For example, if the pharmacist mistakenly dispensed the drug in the wrong dosage or communicated the wrong instructions about when, how, and how much a patient should take, these errors could lead to liability on the part of the pharmacist for pharmacy malpractice.
What Are the Legal Remedies for Tegretol Injuries?
Possible legal claims against Novartis, the manufacturer of Tegretol, can be based on several theories of liability as follows:
- Strict product liability;
- Negligence in the manufacture of the drug;
- Negligent failure to warn of known defects in the drug;
- Fraudulent misrepresentation;
- Breach of express warranty;
- Breach of implied warranty.
Success in a court of law with any of these claims would win the victim an award of compensatory damages. Compensatory damages reimburse a person for both economic and non-economic damages. Economic damages are such things as the cost of all past and future necessary medical expenses, past and future lost earnings, and the loss of earning capacity.
Compensatory damages also reimburse a person for their non-economic damages. The main item is the pain and suffering that a person suffers because of their physical injuries.
Reportedly the side effect that is most likely to give a person grounds to sue Novartis is
Steven Johnson’s Syndrome (SJS) and the more serious version of this condition known as toxic epidermal necrolysis (TENS). But a person who has suffered a significant injury of any kind while taking Tegretol wants to consult a lawyer about their options.
Do I Need a Lawyer for Help With My Tegretol Lawsuit?
If you believe that you have been injured by taking Tegretol, you want to consult a personal injury lawyer. If you took Tegretol while you were pregnant and your baby was born with birth defects, you want to consult a class action lawyer.
Your lawyer will be able to review all of your medical records and advise you as to whether you may have a case against Novartis Pharmaceuticals, your doctor, or the pharmacist who dispensed the medication to you. A case of this type would require the help of expert witnesses. Your lawyer knows how to identify and work with the best possible experts for your case. Your chances of success are going to be maximized if you have an experienced personal injury lawyer representing your interests.
