Pa. Appeals Court Upholds $11.7 Million Judgment in Topamax Birth Defect Case

PHILADELPHIA — A Pennsylvania appeals court has upheld an $11.7 million judgment against Janssen Pharmaceuticals Inc. in a Topamax birth defect case, finding the plaintiffs’ claim of failure to warn was not preempted because federal regulations allowed the drug maker to strengthen its label to comply with its state law duty to provide an adequate warning.

In a March 16 opinion, the Pennsylvania Superior Court further held that the record supports the award of noneconomic damages, referring to testimony that the plaintiffs’ son will require ongoing corrective surgeries and speech therapy.

Hayley Powell, who suffers from seizures, was prescribed Topamax …