Justices Pass on Otsuka Judgment in Abilify Warning Case

The US Supreme Court declined Monday to review a decision absolving Otsuka America Pharmaceutical Inc. of liability in a woman’s suit linking the antipsychotic drug Abilify to her movement disorder.

Ina Rodman alleged that although the Abilify label addressed the risk of tardive dyskinesia, which is characterized by involuntary movements of the face and jaw, it underreported how often patients develop the disorder.

She didn’t establish that Otsuka failed to warn of a knowable risk, the Ninth Circuit said last December, affirming judgment for the drugmaker.

The Abilify label reported that between 0.1% and 1% of participants developed TD during ...