Determining Liability When a Patient Develops Tardive Dyskinesia

[摘要] Despite Concerns about Negligent Misrepresentation in the Manufacturer's Marketing, an Antipsychotic's FDA Class Label Warning Regarding Tardive Dyskinesia Was AdequateIn Johnson & Johnson, Inc. v. Fortenberry, 234 So.3d 381 (Miss. 2017), the Supreme Court of Mississippi examined a trial court's ruling in a product liability suit. Action was brought against the manufacturer of the second-generation antipsychotic Risperdal after a patient developed tardive dyskinesia. The trial court's jury awarded the patient $1.95 million for failure to provide an adequate warning as well as negligent misrepresentation of tardive dyskinesia risk. On appeal, the court reversed and found that the class label warning provided an adequate warning. At the same time, the court was also in support of $650,000 in economic damages. The court also noted that the negligent misrepresentation claim was outside of the scope of the state's product liability law and that jury instructions for this claim were improper. The trial court's ruling was reversed and remanded.

[学科分类] 儿科学