Abbott Denied Summary Judgment on Warning Claim in Ohio Depakote Birth Defect Action

CINCINNATI — An Ohio federal judge has denied Abbott Laboratories’ motion for summary judgment on a failure-to-warn claim in a Depakote birth defect case, noting the plaintiff has identified a number of alleged inadequacies in the warning, primarily through the testimony of multiple experts.

However, in the Aug. 10 order, Judge Susan J. Dlott of the U.S. District Court for the Southern District of Ohio awarded Abbott summary judgment on the claims of design defect, negligent misrepresentation and fraud, and unjust enrichment, finding they were inadequately pled.

Pamela Rheinfrank was born in 1974 and has suffered from epilepsy since childhood. …