Design Defect Claim to Proceed in La. Abilify Tardive Dyskinesia Case

BATON ROUGE, La. — A Louisiana federal judge has allowed a design defect to proceed in an Abilify tardive dyskinesia case, holding that the plaintiff has sufficiently alleged the existence of an alternative design that would not have caused him to contract the disorder.

However, in the June 28 order, Judge Shelly Dick of the U.S. District Court for the Middle District of Louisiana dismissed the plaintiff’s redhibition claim, finding he was clearly notified that Abilify had the potential to cause TD and that the drug’s warning also explained TD and its symptoms.

Raymond Crochet allegedly contracted TD, a …