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Federal Judge Throws Out Abilify Lawsuit

Early this month a federal judge dismissed a defective drug lawsuit against Bristol-Myers Squibb, maker of the drug Abilify. According to the judge's ruling, pharmaceutical companies cannot be held responsible for providing detailed instructions to doctors on how to monitor the symptoms of dystonia.

Dystonia is an incurable neurological disorder that causes sustained muscle contractions, resulting in repetitive and twisting motions or abnormal posture. According to the plaintiff, Ryan Bergstresser, Abilify can cause dystonia, but the warning labels on the medication do not warn medical practitioners of this fact. Instead, they carry a warning of possible tardive dyskinesia, which carries similar symptoms.

According to Bergstresser's complaint, Bristol-Meyers failed to provide physicians with education, recommendations, or directions on how the medication dosage should be increased or decreased when being prescribed for depression-like symptoms in order to prevent these conditions. The drug is usually used to treat schizophrenia, bipolar disorder, irritability associated with autism, and depression.

According to Bristol-Meyers the plaintiff failed to note the warnings on the Abilify label and could not identify alternative warnings that they should have given. The judge in the case, Judge Malachy E. Mannion of the U.S. District Court for the Middle District of Pennsylvania agreed. According to Mannion, the medication package insert not only identifies the muscle disorder, it states that the condition may occur as a result of taking the medication.

Medication is supposed to be helpful and beneficial. Unfortunately there are times when the system of testing an approval fails to catch a dangerous medication before it is approved for sale. If you or someone you know has been injured or killed as a result of being prescribed a defective drug or medication, you may be entitled to compensation. Contact a qualified defective medical drug attorney today to determine the best way to proceed with your case.

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