![]() ![]() ![]() “he Court finds that Plaintiff’s failure-to-warn claim satisfies this standard and is sufficient to survive Defendant’s … motion.” Abilify Side EffectsĪbilify (aripiprazole) was approved by the FDA in 2002, and is one of the top selling drugs in the U.S., generating sales of $7.5 billion in 2013. “Plaintiff is merely required to allege that Defendants did not adequately warn Plaintiff’s treating physician and that the inadequate warning constituted the proximate warning of Plaintiff’s injuries,” Judge Fallon ruled. While Judge Fallon did dismiss the design defect claim, he rejected the request to dismiss the failure to warn claim, allowing the tardive dyskinesia lawsuit over Abilify to move forward. In addition, the defendants maintained that the failure to warn claims should be dismissed because Jenkins failed to allege that his treating physician would not have prescribed the drug if different warnings had been provided. In a motion to dismiss filed by Bristol-Myers Squibb and Otsuka, the drug makers argue that the defective design claims fail to allege that there was a safer alternative design. Jenkins asserted two separate theories of liability, including defective design and failure to warn about the Abilify tardive dyskinesia risk. District Court for the Eastern District of Louisiana, he developed “chronic and continued restlessness and twitching of the upper and lower extremities, facial tics, jaw clenching and clucking, and constant eye blinking” in 2013, after taking the antidepressant. According to allegations raised in the complaint (PDF) filed by Jenkins pending in the U.S. ![]()
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