STORY FROM: Drugs & Medical Devices

6th Cir. Upholds Defense Verdict in Depakote Birth Defect Action, Denies Plaintiff’s Request for New Trial

CINCINNATI — A federal appeals court has upheld a jury verdict and judgment rendered in favor of Abbot Laboratories Corp. in a Depakote birth defect action, rejecting the plaintiff’s assertion that she is entitled to a new trial due to erroneous rulings made by the Ohio trial court.

On Feb. 21, the 6th Circuit U.S. Court of Appeals ruled that the lower court properly limited the testimony of the plaintiff’s experts, properly rejected the plaintiff’s proposed jury instructions, and did not err in awarding Abbott summary judgment on its preemption defense against the plaintiff’s failure-to-warn claim.

Pamela Rheinfrank was born ...

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Burg Simpson Eldredge Hersh & Jardine
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O’Connor Acciani & Levy
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