Ohio Federal Judge Addresses Motions In Limine in Depakote Birth Defect Action

CINCINNATI — An Ohio federal judge has addressed several motions in limine made by the parties in a Depakote birth defect action, ruling that the plaintiff may not introduce evidence that Abbott failed to request a black box warning from the FDA regarding developmental delay.

In a Sept. 10 order, Judge Susan J. Dlott of the U.S. District Court for the Southern District of Ohio further held that evidence of label changes made after the conception and birth of the plaintiff’s child are inadmissible, but the plaintiff may present evidence of foreign labeling for versions of Depakote sold around the …