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Abbot suit update

Judge Denies Abbott a Second Trial after Depakote Verdict

July 21, 2017
A federal judge in Illinois has denied pharmaceuticals manufacturer Abbott Laboratories’ request for a new trial concerning the birth-defect risks involved with its drug Depakote. In a trial that concluded in June, Abbott was found liable for $15 million in a case involving a 10-year-old boy with severe birth defects.

The case that Abbott lost concerned Stevie Gonzalez, who was born with spina bifida, a severe birth defect that, the jury determined, had been caused by his mother taking Depakote, a drug manufactured by Abbott for the treatment of epilepsy and bipolar disorder. Central to that trial was the plaintiff’s argument that Abbott misled doctors and patients about Depakote’s birth defect risks, and failed to disclose information about same.

Abbott had attempted to secure a second trial by arguing that Gonzalez’s attorneys acted “improperly” in the previous trial, but U.S. District Judge Nancy Rosenstengel dismissed the company’s play.

In the earlier trial, the jury found that Abbott had not given sufficient information about Depakote’s birth defect risks to the doctor of Gonzalez’s mother. Had the doctor been better informed by Abbott about those risks, he would not have prescribed Depakote, the jury found.

The $15 million fine was awarded for medical costs. The jury did not level any punitive fines against Abbott.

If you’ve taken Depakote and your child has suffered from birth defects, you may be entitled to significant financial compensation. Contact the expert attorneys at right away so we can help you with your case.

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