Mo. Appeals Court Upholds $38 Million Depakote Birth Defect Verdict

ST. LOUIS — A Missouri appeals court has upheld a $38 million verdict issued in favor of a girl who was born with spina bifida and other birth defects after being exposed to Depakote in utero, finding the evidence supported the jury’s finding that Abbott Laboratories failed to adequately warn doctors that the drug had an increased risk of birth defects versus its competitors and was significantly more dangerous for use in women of childbearing age.

On Nov. 8, the Missouri Court of Appeals, Eastern District, further found the evidence supported the jury’s determination that Abbott’s focus on profit motivated …