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Otsuka Beats Woman’s Appeal in Abilify Movement Disorder Suit

Dec. 10, 2021, 5:22 PM

Otsuka America Pharmaceutical Inc. defeated a woman’s appeal in a suit linking the antipsychotic drug Abilify to her movement disorder, as the Ninth Circuit affirmed she didn’t show the company failed to warn of a knowable risk.

Ina A. Rodman alleged that although the Abilify label addressed the risk of tardive dyskinesia, it underreported the actual incidence rate—the percentage of patients on the drug who develop TD.

But the district court correctly excluded Rodman’s expert and then granted summary judgment for Otsuka because Rodman lacked evidence to support her claim, the U.S. Court of Appeals for the Ninth Circuit said ...