After a 13-day jury trial, Abbott Laboratories and AbbVie Inc. requested that an Ohio federal judge prevent the plaintiff from pursuing punitive damages, in her Depakote birth defect lawsuit.

The mother alleges that Depakote caused her child to develop birth defects, and she had no waring prior to her daughter’s birth. However, Abbott and AbbVie claim that the mother does not have sufficient evidence to prove her allegations of willful negligence.

Plaintiff Pamela R. alleges that the manufacturing companies aggressively marketed Depakote as a safe and effective treatment method to women who were likely to become pregnant, despite being fully aware of the risk of birth defects.

The pharmaceutical giants argue that Pamela has not presented any evidence or expert testimony to prove her claims. According to Pamela’s lawsuit, she had been prescribed Depakote at some point before or during pregnancy, to help manager her epilepsy.

This allegedly resulted in her daughter being born with three serious birth defects: Chiari I, microcephaly and Peters Anomaly. Depakote (Valporic Acid) is an antiepileptic drug, which is popularly prescribed to treat a variety of seizure and mood disorders.

It is manufactured by Abbott Laboratories and its subsidiary, AbbVie Inc., and has become one of the most popular epileptic treatment choices. Depakote works by increasing the production of a certain neurotransmitter in the brain, and is often prescribed in conjunction with selective serotonin reuptake inhibitors (SSRIs), which work by streamlining the brain’s serotonin levels.

Unfortunately, numerous patients have been alleging SSRI birth defects, in a similar manner as Pamela’s lawsuit.

Overview of Depakote Birth Defects Allegations

U.S. District Judge Susan J Dlott agreed to dismiss Pamela’s claims of breach of implied and express warranties, but allowed for Pamela to still pursue punitive damages, finding that the companies failed to warn her of Depakote birth defects.

However, Abbott and AbbVie maintain that Ohio state law does not allow for these damages, because there is no proof that this misconduct took place in the state.

The companies also point out that the only prescribing physician who testified on Pamela’s behalf, was oversea at the time Depakote’s warning label was updated. Furthermore, the drug companies also stated that if the jury was able to award punitive damages, the award amount would essentially be made up.

The defendants explain that determining a financial estimate is nearly impossible because there is no information regarding Depakote sales for either dollar amount or percent of total sales. Additionally, Abbott and AbbVie are also arguing that it was Pamela’s hazardous environment that contributed to her daughter’s birth defects.

Pamela argues that she is seeking judgment on the grounds that her daughter’s birth defects were caused by Depakote, not her living situation. Pamela stated that several doctors have testified that Depakote’s warning label is inadequate, in addressing the issue of birth defects.

This Depakote Birth Defects Lawsuit is Pamela R. et al. v. Abbott Laboratories Inc. et al., Case No. 1:13-cv-00144, in the U.S. District Court of Southern Ohio.