STORY FROM: Drugs & Medical Devices

Plaintiffs Denied New Trial in Wake of Adverse Verdict in Depakote Birth Defect Case

CLEVELAND — An Ohio federal judge has denied plaintiffs’ motion for a new trial in a Depakote action following a verdict in favor of Abbott Laboratories Inc., ruling that despite the court's limiting instruction, the jury heard ample evidence that Depakote posed a higher risk of birth defects than other epilepsy drugs.

In a Nov. 22 order, Judge Christopher Boyko of the U.S. District Court for the Northern District of Ohio, further held that the court did not err in excluding certain opinions of plaintiffs’ treating physician because they constituted hearsay and went beyond the doctor’s expertise.

Kevin ...

Associated Law Firms
Bracewell & Giuliani
Brian K. Balser
Robert L. Salim
Tucker Ellis

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