Ina Rodman v. Otsuka America Pharmaceutical

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 9 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

INA ANN RODMAN, No. 20-16646

Plaintiff-Appellant, D.C. No. 3:18-cv-03732-WHO

v.

MEMORANDUM*

OTSUKA AMERICA

PHARMACEUTICAL, INC.,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California William Horsley Orrick, District Judge, Presiding

Argued and Submitted November 17, 2021 San Francisco, California

Before: SCHROEDER, W. FLETCHER, and MILLER, Circuit Judges.

Ina Rodman appeals from the district court’s grant of summary judgment to

Otsuka America Pharmaceutical, Inc., in this product-liability action. Rodman

alleges that Otsuka’s antipsychotic drug Abilify caused her to develop tardive

dyskinesia (TD). Rodman sued Otsuka under a failure-to-warn theory, contending

that although the Abilify label discussed the risk of TD, it underreported the actual

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. incidence rate. The…