Tamara Burns  |  September 29, 2016

Category: Legal News

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online gamblingA lawsuit has been filed against Bristol-Myers Squibb and Otsuka Pharmaceutical alleging their prescription drug Abilify caused the plaintiff to develop compulsive gambling habits.

Plaintiff Erma Jean alleges she suffered personal injuries “as a direct and proximate result of Defendants’ wrongful conduct in connection with the development, design, testing, labeling, packaging, promoting, advertising, marketing, distribution, and sale of Defendants’ prescription drug, Abilify.”

Abilify is a prescription medication used to treat depression, bipolar disorder and schizophrenia in affected adults.

It was approved in 2002 and is considered an atypical antipsychotic prescription medication. In 2013, it was Bristol-Myers’ largest selling product.

Abilify and Compulsive Gambling Allegations

After taking Abilify, Erma Jean alleges she developed harmful compulsive behaviors which included compulsive gambling.

This compulsive gambling further resulted in “substantial financial, mental, and physical damages,” according to the Abilify and compulsive gambling lawsuit.

The lawsuit states that the product label for Abilify contains warnings about the risk of “pathological gambling” in both Europe and Canada, however this was not part of the product labeling in the United States until January of this year.

Europe included this labeling in 2012 and Canada included the labeling last year.

In May, the FDA announced that the label would have the following information added to the Abilify and compulsive gambling warning, indicating that the medication would warn consumers of “compulsive or uncontrollable urges to gamble, binge eat, shop, and have sex.”

Erma Jean began taking Abilify in January 2006; she began to compulsively gamble not long after she began taking the medication.

She stopped taking the drug in June 2006. “Due to Defendants’ conduct, as detailed herein, Plaintiff’s injuries and their relationship to Abilify were not discovered until a much later date,” the lawsuit states.

As a result of using Abilify, Erma Jean claims she suffered from the following losses “monetary losses in excess of $10,000, loss of financial stability, and other mental, physical, and economic losses.”

Her lawsuit also claims she “has suffered and will continue to suffer neuropsychiatric and physical injury, emotional distress, harm and economic loss.”

The Abilify and compulsive gambling lawsuit alleges that the drug manufacturers put profits over people.

The complaint states that the “Defendants wrongfully and unjustly profited at the expense of patient safety and full disclosure to the medical community by failing to include language about gambling in the United States labeling and by failing to otherwise warn the public and the medical community about Abilify’s association with gambling – despite opportunities and a duty to do so.”

The lawsuit states that between 2005 and 2013 the FDA received adverse event reports regarding Abilify and compulsive gambling behaviors as well as other compulsive behaviors.

“Abilify accounted for at least fifty-four reports of compulsive or impulsive behavior problems, including thirty reports of compulsive gambling, twelve reports of impulsive behavior, nine reports of hypersexuality, and three reports of compulsive shopping,” the lawsuit reads.

The Abilify and compulsive gambling lawsuit brings forth a number of allegations against the manufacturers including strict liability for design, manufacturing and warning, breaches of express and implied warranties, negligence, negligent per se, negligent misrepresentation, violation of California Unfair Competition Law and Consumers Legal Remedies Act, fraudulent concealment and punitive damages.

Erma Jean is seeking actual damages, costs of treatment, damages for mental, physical and economic pain and suffering, pre-and post-judgment interest, punitive damages, attorneys’ fees and costs and any further relief deemed just and proper by the court.

The Abilify and Compulsive Gambling Lawsuit is Case No. 2:16-cv-06606, in the U.S. District Court for the Central District of California.

In general, Abilify lawsuits are filed individually by each plaintiff and are not class actions.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual Abilify lawsuit or Abilify class action lawsuit is best for you. Hurry — statutes of limitations may apply.

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Join a Free Abilify Lawsuit Investigation

If you or a loved one were injured from Abilify side effects such as a gambling addiction, shopping addiction or other compulsive behavior, you may have a legal claim. See if you qualify to pursue compensation and join a free Abilify lawsuit investigation by submitting your information for a free case evaluation.

An attorney will contact you if you qualify to discuss the details of your potential case.

Please Note: If you want to participate in this investigation, it is imperative that you reply to the law firm if they call or email you. Failing to do so may result in you not getting signed up as a client, if you qualify, or getting you dropped as a client.

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