Pa. Appellate Court Upholds $3 Million Verdict in Topamax Birth Defect Action

PHILADELPHIA — A Pennsylvania appellate court has upheld a $3 million verdict awarded to a couple who alleged that their child’s birth defects were caused by in vitro exposure to Janssen Pharmaceutical Inc.’s anti-seizure drug Topamax, finding the plaintiffs’ failure-to-warn claim was not preempted.

In a May 11 opinion, the Pennsylvania Superior Court also rejected Janssen’s arguments that the prescribing doctor knew of the potential risk of birth defects when she prescribed Topamax and that the trial court should have instructed the jury to apportion fault between Janssen and the plaintiffs. The court also upheld the jury’s award of future …