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Tuesday, April 16, 2024 | Back issues
Courthouse News Service Courthouse News Service

Spina Bifida not Our Fault, Wal-Mart Says

ST. LOUIS (CN)  Wal-Mart claims in court that PDX and Landmark Data are responsible for a judgment against it, for failing to warn a customer that the epilepsy drug Tegretol can cause spina bifida in a fetus.

Wal-Mart paid an undisclosed amount to Paul and Jean Pendino to settle claims that Tegretol taken during Jean Pendino s pregnancy caused their son to have spina bifida, according to the complaint in City Court.

The Pendinos claimed Wal-Mart failed to warn them of the dangers of Tegretol before giving it to them.

In its complaint, Wal-Mart claims it didn t warn the Pendinos because PDX and Landmark, now known as the National Health Information Network, failed to warn it about the drug.

 The monographs distributed to Wal-Mart, and which Wal-Mart dispensed with Tegretol prescription to its customers during the relevant period, did not include any warning regarding taking Tegretol during a pregnancy, other than that it may decrease the effectiveness of birth control, the complaint states.

 There were no warnings on said monographs to indicate that Tegretol is a folic acid inhibitor or that Tegretol can cause spina bifida in a fetus.

The Pendinos son was born in 1996.

Wal-Mart seeks reimbursement for the Pendino settlement. It is represented by Matthew McBride, with Lashly & Baer.

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