Failure-To-Warn Claim Against Abilify Makers Time-Barred, 5th Cir. Affirms

NEW ORLEANS — A failure-to-warn claim asserted against the makers of Abilify is time-barred because the plaintiff knew as early as April 2013 that the drug may be linked to his tardive dyskinesia, yet failed to file suit until more than a year later.

On May 17, the 5th Circuit U.S. Court of Appeals concluded that the one-year prescription period was triggered when a neurologist prescribed the plaintiff with a movement disorder during an Oct. 18, 2013, office visit.

Cory Jenkins was prescribed Abilify to treat his bipolar II disorder in October 2010. Jenkins began to experience symptoms of a …