Executive Vice President
A split panel of judges ruled to affirm the $4M jury verdict in Czimmer v. Janssen Pharmaceuticals, which was delivered in 2013 against Janssen Pharmaceuticals in connection with their anti-seizure medication Topamax. The original claim was brought by a mother claiming that her use of Topamax led to birth defects in her son. After being awarded the $4M verdict, with $3.4M being for pain and suffering, Janssen appealed that the jury award violated state law and that preemption should have barred the plaintiff’s state claim of failure-to-warn. The three-judge panel, split 2-1, ruled that there was no violation of state law that should have barred the verdict, and looked to recent precedent to dismiss the preemption claim.
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