Missouri Court of Appeals Upholds $38 Million Depakote Verdict Against Abbott

Missouri Court of Appeals Upholds $38 Million Depakote Verdict Against Abbott

A Missouri appellate court upheld a $38 million verdict against Abbott Laboratories, Inc. in a case brought by a Minnesota woman who alleged that her birth defects were the result of her biological mother taking the epilepsy drug Depakote. The Missouri Court of Appeals, Eastern District, held that the trial court did not err in denying Abbott’s motion to transfer from the City of St. Louis, a favorite plaintiffs’ venue, to St. Louis County because the Minnesota plaintiff’s claims were properly joined with those of 23 other plaintiffs, two of which were first injured in the City of St. Louis. The Court of Appeals also held that the trial court did not commit cumulatively prejudicial evidentiary errors in admitting an expert warning opinion, evidence of marketing and promotional materials, and evidence of Abbott’s financial condition. [11/11/16]

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