Ill. Appellate Court Reinstates Depakote Birth Defect Case Against Abbott Labs

CHICAGO — An Illinois appellate court has reinstated a Depakote birth defect case against Abbott Laboratories Inc., ruling that the plaintiffs’ allegations in a related medical negligence case do not bar their failure-to-warn claims against the drug maker.

In a June 23 opinion, the Illinois Appellate Court, 1st District, found Abbott’s alleged failure to adequately warn doctors about Depakote’s risk of birth defects and their failure to stop prescribing Depakote to the plaintiff following a pregnancy scare could both be proximate causes of her son’s injuries.

In 2006, Charles and Angie Muhammad’s son, C.M., was born with spina bifida. …