June 17, 2026
For decades, doctors have prescribed anti-seizure medications to help people manage epilepsy and other neurological conditions. Some of these drugs, including Depakote, are also used to treat bipolar disorder, migraines and other off-label ailments. But growing evidence shows that some of these medications can post serious risks to unborn children.
Depakote birth defects have been known since the early 2000s, but many patients say they were never clearly informed of the risks of taking this medication while pregnant or trying to get pregnant.
Depakote Birth Defects and Ongoing Concerns
Depakote (divalproex sodium) is a primary brand name for the anticonvulsant medication used to treat epilepsy, bipolar mania, and migraines. Other brand names for valproate products include Depakene (valproic acid), Depacon (valproate sodium), Stavzor (valproic acid), and Epival (Canada).
Concerns associated with valproate include physical birth defects, such as spina bifida and other neural tube defects, and intellectual deficits, such as ADHD and impaired cognitive development. Still, Depakote continues to be prescribed to women of child-bearing age.
Drugs That Cause Birth Defects and Informed Consent
Depakote is not the only medication associated with risks to unborn children. Sometimes the benefits of a medication may outweigh the potential risks, but the critical element here is informed consent. Many pregnant women are given forms with prescriptions and doctor visits, but true consent requires more than just handing someone a piece of paper. It requires clear communication about known risks, benefits and alternatives.
When it comes to medications such as Depakote, this conversation is especially important. Seizure control is critical for patient safety, but so is protecting fetal health.
Treatment decisions should be revisited regularly, particularly for patients who are pregnant or who may become pregnant. Recent research has also shown potential risks when the father is taking Depakote at conception, although more research is needed to confirm the risks.
Birth Defects from Depakote and Regulatory Warnings
Over the years, regulators in several countries have issued warnings about Depakote birth defects. Some have restricted use in pregnancy or required additional safety measures, such as written risk acknowledgements. These steps reflect the growing recognition that birth defects from Depakote are both serious and, in many cases, preventable.
But regulatory action doesn’t always translate into awareness at the patient level, and too many families have reported that they were not informed about the risks until after their children were diagnosed with serious conditions.
Legal and Health Implications of Birth Defects from Drugs
Birth defects are not limited to prescription medications. In other contexts, courts have recognized that exposure to harmful chemicals—particularly in the workplace—can also pose serious risks to unborn children. Employees who were not properly warned or protected have, in some cases, successfully held employers accountable for the harm caused.
That same principle applies in the pharmaceutical context. Prescription drug manufacturers may be liable when their products cause birth defects, especially if patients are not clearly informed of the risks. Like many other drugs, Depakote remains an effective medication for many patients, but its risks to unborn children are well documented. Medical professionals and manufacturers must ensure that men and women who may have children are fully informed about those risks, as well as any safer alternatives.
How We Help Victims Who Suffered Birth Defects
Contact us to seek justice with the help of our experienced birth defect attorneys. We’ve battled corporate giants on behalf of individuals like you for 20 years. Our Dallas, Texas, birth defect law firm represents families dealing with birth defects. If you have a child with birth defects caused by toxic exposure, we can help.
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