Although settlement negotiations are ongoing, inside sources say that Abbott Laboratories has informally agreed to pay $1.3 billion dollars to resolve allegations surrounding its off-label marketing of anti-seizure drug Depakote.  According to those sources, the settlement is not yet finalized and will not be made public until approximately December.  This number is consistent, however, with the $1.5 billion that Abbott Laboratories reserved for a potential settlement earlier this week.  If true, this settlement would be the third largest illegal pharmaceutical marketing case in U.S. history.

Depakote is approved to treat epilepsy and bipolar disorder and to prevent migraines, but Abbott allegedly promoted unauthorized uses, such as to treat agitation and aggression in patients with dementia, autism, and other diseases.  Abbott continued to market off-label uses of Depakote even when it knew that it was ineffective and carried substantial risks, especially for elderly patients, according to the complaint.

The allegations against Abbott were brought to light by four separate whistleblowers whose cases were consolidated.  They will all share in any ultimate recovery received by the government.

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