Failure-To-Warn, Warranty Claims to Proceed Against Abbott in Depakote Case

BENTON, Ill. — An Illinois federal judge has denied Abbot Laboratories Inc. summary judgment on a failure-to-warn claim in a Depakote birth defect case, finding the plaintiff has shown a triable issue of fact as to whether a different warning would have changed the decisions of the treating physicians.

On April 14, Chief Judge David R. Herndon of the U.S. District Court for the Southern District of Illinois also denied Abbott summary judgment on the plaintiff’s breach of express warranty claim, finding the plaintiff presented evidence that certain representations made in the 1994 label are misleading and inaccurate.

John Bonner …