Depakote Birth Defect Action to Proceed Against Abbott in Illinois Federal Court

EAST ST. LOUIS, Ill. — An Illinois federal judge has allowed a Depakote birth defect action to proceed against Abbott Laboratories Inc., holding that a California state court’s previous ruling that the claims are time-barred do not preclude the plaintiffs from filing their action in a different forum.

In an Oct. 19 order, Judge Nancy Rosenstengel of the U.S. District Court for the Southern District of Illinois explained that California’s statute of limitations is procedural in nature and therefore only extinguishes the possibility of recovery in a particular forum.

Maryann Dotegowski alleges that her use of Depakote while pregnant caused …