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Tardive Dyskinesia Litigation - "Somebody's Gotta Do It!"

Daniel J. McGlynn, J.D. and John G. Allelo, Law firm of McGlynn, Glisson & Koch, Baton Rouge

Tardive Dyskinesia is a terrible neurological side effect of all neuroleptic (anti-psychotic) medications; its effects are devastating - physically, mentally, emotionally, socially and vocationally. Tardive Dyskinesia occurs at an alarming rate of 4-5 % per year of exposure, cumulatively. Although the newer "atypical" anti-psychotics have been promoted as having fewer side effects (leading to broad use and diminished vigilance in monitoring), time and experience have taught us otherwise.

This workshop will focus on the difficulties of litigating medical malpractice cases seeking to recover damages for the negligent causation of Tardive Dyskinesia. Indeed, people with Tardive Dyskinesia have a very difficult time in finding a lawyer to accept their cases, and these difficulties continue throughout the litigation. This workshop will present several actual case experiences, and discuss what the course and strategies of future Tardive Dyskinesia litigation will entail, including possible actions/theories of recovery against the manufacturers of various neuroleptic medicines.