Abilify Makers Prevail on Failure-To-Warn Claims in W. Va. Federal Court

BLUEFIELD, W. Va. — A West Virginia federal judge has awarded the makers of Abilify judgement on the pleadings, ruling that the antipsychotic drug’s label adequately warned of the risk of tardive dyskinesia.

On July 5, Senior Judge David Faber of the U.S. District Court for the Southern District of West Virginia concluded the plaintiffs’ failure-to-warn claims were inadequately pled because they did not specify how defendants’ warnings caused their injuries.

Donald Proffitt Jr. alleges he developed tardive dyskinesia — a rare neurological disorder — after taking Abilify (aripiprazole) from Aug. 19, 2014 through July 2015.

Proffitt and his …