A jury in St. Louis, Missouri recently finalized a unanimous verdict in favor of Maddison Schmidt, a 12-year-old Minnesotan girl who suffers from several birth defects including spina bifida. Schmidt’s mother took the anti-seizure drug Depakote while she was pregnant to help control her epilepsy, which doctors say resulted in Maddison’s medical issues.
The pharmaceutical liability lawyers in the case believe that the drug was defectively designed and inadequately tested. It was also determined that the drug manufacturer, Abbott Laboratories, downplayed the risks of known defects caused by Depakote.
Abbott contends that its spinoff company Abbvie Inc. is responsible for all Depakote litigation due to the fact that it separated its drug branded business to them in 2013. Abbvie officials say they are seeking to have the twenty-three million dollar settlement overturned.
An article published in Insurance Journal indicates the following statement was made by Adelle Infante, a spokeswoman for Abbott, via email: “We believe the evidence in the case clearly showed the prescribing doctor and patient were well aware of the drug’s birth-defect risks and Schmidt’s mother made an informed decision to take the medication.”
Currently, Abbott is facing over 800 similar defective product lawsuits nationwide. This case was undoubtedly the first settlement of many to come.
If you or a family member have been injured as a result of a pharmaceutical injury or defective drug, contact our highly experienced Tennessee attorneys at Gilreath & Associates to discuss your case.
