Pa. Appellate Court Upholds $4 Million Award in Topamax Birth Defect Case

PHILADELPHIA — A Pennsylvania appeals court has upheld a $4 million award in a Topamax birth defect case, ruling that the record supported the jury’s finding that the drug maker’s negligent failure to warn the plaintiff of the drug’s risk of oral birth defects caused her infant son’s injuries.

In an Aug. 20 opinion, a Pennsylvania Superior Court majority also found the court’s jury instruction regarding causation did not contravene Virginia law.

April Czimmer was prescribed Topamax in August 2006 to treat her migraine headaches. In December 2006, Czimmer became pregnant with her son, Blake, who was born on Sept. …