5th Cir. Upholds Dismissal of Abilify Case, Says FDA-Approved Warnings Must Be Presumed Adequate

NEW ORLEANS — A federal appellate court has upheld dismissal of a case accusing the makers of Abilify of failing to adequately warn of withdrawal symptoms, ruling that the plaintiff failed to rebut the presumption that the warnings were adequate.

In an Oct. 29 order, the 5th Circuit U.S. Court of Appeals explained that the plaintiff failed to present facts supporting his allegation that the defendants withheld material evidence from the Food and Drug Administration concerning side effects posed by the drug.

Peter Casey began taking Abilify in 2011 after his psychologist prescribed it to him. Casey stopped taking the …