In its bid to toss a $3 million verdict, Janssen Pharmaceuticals has asked the state Superior Court to find that federal law pre-empts a plaintiff’s negligent failure-to-warn claims over the name-brand anti-seizure medication Topamax.
During oral arguments Wednesday in Anderson v. Janssen Pharmaceuticals, which resulted in a $3 million award to a mother who claimed Topamax caused birth defects in her child, counsel for the drugmaker attempted to distinguish the suit from two other cases in which the Superior Court previously rejected similar pre-emption arguments.
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