$38 Million Verdict for Child Born with Spina Bifida After In-Utero Depakote Exposure

Depakote, Abbott Laboratories' anti-seizure drug, carries serious risks when taken during pregnancy. The drug's active compound can cross the placenta and interfere with fetal development, raising the likelihood of neural-tube defects. For years, critics argued Abbott did not communicate those risks clearly enough to prescribing physicians or to patients of childbearing age.

Maddison Schmidt was born with spina bifida, a condition in which the spinal column does not fully close, after her birth mother took Depakote during pregnancy to manage epilepsy. The defect caused lasting physical impairment. Maddison's adoptive family, Garry and Tammy Schmidt, filed suit against Abbott in Missouri state court, alleging the company's labeling and warnings were inadequate and that Abbott prioritized sales over patient safety.

The case went to a jury in the City of St. Louis in May 2015. Attorneys from Williams Kherkher Hart Boundas, including John Boundas and Sejal Brahmbhatt, served as lead plaintiff's counsel alongside co-counsel from Bartimus Frickleton Robertson and other firms. The trial team presented evidence that Abbott knew of the drug's teratogenic potential and did not take sufficient steps to reduce the risk of prescribing to pregnant patients.

The jury found for the plaintiff and returned a verdict of $15 million in compensatory damages and $23 million in punitive damages, totaling $38 million. It was the first jury verdict Abbott had lost in the Depakote birth-defects litigation, which at that point included more than 800 pending lawsuits. A juror told reporters afterward that the jury felt certain things about Abbott's handling of the drug needed to change.

Abbott appealed. In 2017, the Missouri Supreme Court affirmed the circuit court's judgment in full, holding that Abbott had received a fair trial and declining to disturb the verdict. The $38 million award was not reduced. By the time of the appeal, Abbott's pharmaceutical spinoff AbbVie had assumed responsibility for the Depakote litigation portfolio.