Toxics Law Reporter™ delivers the most comprehensive, authoritative, and objective coverage of significant developments in toxic tort, hazardous waste, and related insurance litigation, all with...
May 10 — Expert testimony by two pediatric experts was substantially limited in a planned May 23 trial against Abbott Labs.
Plaintiffs allege that in utero exposure to Depakote caused a child's spina bifida.
Plaintiffs' expert Dr. Godfrey P. Oakley was to testify that defendant Abbott Labs., Inc. should have established a “pregnancy registry” to track the effects of drugs like Depakote on pregnant women and children exposed in utero.
That testimony would only prejudice Abbott, the U.S. District Court for the Eastern District of Missouri said. It wouldn't have given plaintiff Beth Forbes or her prescribing physician any more information than Abbott already provided on its label regarding the risk of having a baby with spina bifida.
Judge Charles A. Shaw also rejected most testimony by pediatrician Dr. Jack Land.
Land may testify as to the child's past and current condition, but not his prognosis or future surgical requirements.
In April, the court refused to dismiss the plaintiffs' bid for punitive damages.
Earlier rulings cleared the way for trial on strict liability and negligence claims.
Aubuchon, Raniere & Panzeri represents the plaintiffs.
Bryan Cave represents the defendants.
To contact the reporter on this story: Bruce Kaufman in Washington at firstname.lastname@example.org
The opinion is available at http://www.bloomberglaw.com/public/document/BF_v_Abbott_Labs_Inc_No_412CV1760_CAS_2016_BL_145689_ED_Mo_May_06.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)