Ill. Federal Judge Refuses to Dismiss Without Prejudice 5 Depakote Cases Before Trial

BENTON, Ill. — The Illinois federal judge overseeing the consolidated Depakote birth defect mass action has denied a request by plaintiffs to dismiss their cases without prejudice before trial, explaining that defendants would be prejudiced due to the time and expense spent in advancing the litigation.

In an Oct. 10 order, Judge Nancy J. Rosenstengel of the U.S. District Court for the Southern District of Illinois explained that the cases at issue will be tried within the next year, and that plaintiffs “have benefited from the massive amount of time, money, and effort expended just to reach this point.”

The …