A federal judge has allowed a birth defect lawsuit against Abbott Laboratories, manufacturer of the anti-seizure drug Depakote, to go forward, finding that Abbott’s 1994 warning label was not adequate to grant summary judgment to the drug manufacturer.

Summary judgment is a ruling rendered by the court for one party and against the other without a trial, based solely on the merits of the case.

In the Depakote Depakote birth defects lawsuit, the plaintiff was born with the spinal cord defect known as spina bifida on Dec. 15, 1994, in Louisiana. His spina bifida, and other alleged physical and cognitive injuries were allegedly the result of the child’s mother’s use of Abbott’s anti-epilepsy drug Depakote.

Spina bifida, a developmental congenital disorder, is characterized by the incomplete development of the brain, spinal cord, and/or meninges (the protective covering around the brain and spinal cord

The mother, plaintiff Chantele B., was first prescribed Depakote in 1989 by one doctor and was continued to be prescribed the drug when she began seeing another doctor five years later. That doctor treated Chantele with Depakote from 1990 until 1995.

In reversing an earlier court ruling that granted Abbott summary judgment as it pertained to the warning label, Judge Charles Herndon wrote that an “adequate warning is one that would lead an ordinary reasonable user or handler of a product to contemplate the danger in using or handling the product.”

The judge continued, “(The plaintiff) theorizes that once Abbott included comparative information in its label, it assumed a duty to ensure that the information provided was not inaccurate or misleading and thus adequate to provide that physician with a reasonable understanding of the risk involved.

“(Plaintiff) further contends Abbott’s duty to provide accurate and up-to-date information applies to all of its 1994 Label statements. Abbott has not presented the Court with authority capable of convincing it that Bonner’s failure to warn claim is barred under Louisiana law.”

A study published in January 2013 found that the risk for neurodevelopmental problems was greater in women who used Depakote during pregnancy. The study of 500 women was conducted from 2000 to 2004.

In 12% of the cases, women in the study gave birth to children who later had developmental problems. Other recent studies have similar findings on the risk of Depakote birth defects. Researchers are now saying that as the dosage for Depakote increases, so does the risk for developing long-term development problems in the mother’s offspring.

Used since 1983 to treat seizures, Depakote is in class of drugs known as anticonvulsants that work in the brain to stop seizures. Its uses include treatment for epilepsy, migraines, and manic bipolar episodes.

There have been a growing number of Depakote birth defect lawsuits that claim Abbott Laboratories is responsible for birth defects in babies. In 2012, federal and state Depakote lawsuits forced Abbott Laboratories to pay more than a billion dollars in penalties for engaging in illegal Depakote marketing.