Fraud Claims to Proceed Against Abbott in Depakote Birth Defect Federal Action

CLEVELAND — An Ohio federal judge has allowed fraud claims to proceed against Abbott Laboratories Inc. in a Depakote birth defect action, holding that questions of fact exist as to whether the drug maker misrepresented that Depakote is safer than other anti-epileptic drugs for use by pregnant women.

However, in a Sept. 30 order, Judge Christopher Boyko of the U.S. District Court for the Northern District of Ohio held that the plaintiffs’ claims of negligence, gross negligence, negligent misrepresentation and fraud, breach of implied and express warranties, intentional and negligent infliction of emotional distress are abrogated by the Ohio Products …