9th Cir. Upholds Award of Summary Judgment to Otsuka in Abilify Case
December 13, 2021
SAN FRANCISCO — A federal appeals court has upheld an award of summary judgment to Otsuka America Pharmaceutical Inc. in an Abilify action, finding the plaintiff failed to establish a question of fact as to whether the antipsychotic drug’s warning label was inadequate.
In a Dec. 9 memorandum, the 9th Circuit U.S. Court of Appeals panel agreed with the lower court that the plaintiff’s lack of expert testimony doomed her defective design and failure-to-warn claims.
Ina Rodman was prescribed Abilify in 2010 to treat major depressive order. She was diagnosed with TD in March 2016.
Rodman sued Otsuka in the …
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