9th Cir. Upholds Award of Summary Judgment to Otsuka in Abilify Case

SAN FRANCISCO — A federal appeals court has upheld an award of summary judgment to Otsuka America Pharmaceutical Inc. in an Abilify action, finding the plaintiff failed to establish a question of fact as to whether the antipsychotic drug’s warning label was inadequate.

In a Dec. 9 memorandum, the 9th Circuit U.S. Court of Appeals panel agreed with the lower court that the plaintiff’s lack of expert testimony doomed her defective design and failure-to-warn claims.

Ina Rodman was prescribed Abilify in 2010 to treat major depressive order. She was diagnosed with TD in March 2016.

Rodman sued Otsuka in the …