The state Superior Court has denied Janssen Pharmaceuticals’ bid to overturn a $4 million verdict stemming from claims that its anti-seizure drug Topamax caused birth defects.
A split three-judge panel of the court Thursday affirmed the October 2013 verdict in Czimmer v. Janssen Pharmaceuticals. The decision interpreted Virginia law, rejected Janssen’s claims that federal law pre-empted state law, and determined that minors have an independent right to recover medical expenses incurred before turning 18, as long as the parents do not try to duplicate the claim.
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