Plaintiff Denied New Trial in La. Federal Abilify Tardive Dyskinesia Action

NEW ORLEANS — A Louisiana federal judge has denied a motion for a new trial in an Abilify action, reiterating that the plaintiff’s failure-to-warn claim is time-barred because he had sufficient knowledge of his tardive dyskinesia and its potential cause in April 2013.

On Oct. 3, Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana concluded that the plaintiff failed to show that he is entitled to the “extraordinary remedy” of reconsideration because he failed to show a manifest error of law or fact.

Dr. Dean Hickman prescribed Cory Jenkins was prescribed Abilify to …