Failure-To-Warn Claim May Proceed in Abilify Injury Action, La. Federal Judge Rules

NEW ORLEANS — A Louisiana federal judge has dismissed without prejudice a design defect claim in an Abilify injury case, but found the plaintiff has sufficiently pled that the defendant drug makers’ inadequate warning proximately caused him to develop tardive dyskinesia.

In an Aug. 21 order, Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana explained that the Louisiana Products Liability Act does not require the plaintiff to detail what an adequate warning would be and how an adequate warning would have caused his treating physician to act differently.

Cory Jenkins was prescribed Abilify …