Indiana’s Statute of Repose Bars Claims of 9 Plaintiffs in Depakote MDL, Federal Judge Rules

EAST ST. LOUIS, Ill. — An Illinois federal judge has awarded Abbott Laboratories Inc. summary judgment on failure-to-warn claims asserted by nine plaintiffs whose cases were consolidated in the Depakote multidistrict litigation, ruling that Indiana’s statute of repose bars the claims.

On April 11, Judge Nancy J. Rosenstengel of the U.S. District Court for the Southern District of Illinois determined that Indiana’s 10-year statute of repose applied, rather than Illinois’ 12-year statue of repose, because Indiana has the most significant relationship with the claims.

Plaintiffs in the MDL allege they suffered serious birth defects as a direct result of in …