A citizen and resident of the State of Michigan filed a new lawsuit in U.S. District Court for the Northern District of Florida, Pensacola Division on Oct. 4, 2017.

In this case, Joseph H. alleges that the defendants, Bristol-Myers Squibb Co., Otsuka Pharmaceutical Co. LTD, and Otsuka America Pharmaceutical Inc., released a defective drug on the market with far-reaching side effects including Abilify compulsive behavior.

Abilify compulsive behavior is an adverse reaction to Abilify, a drug produced and marketed by the defendants to treat major depression, bipolar disorder, and schizophrenia.

According to the narrative of the Multidistrict Litigation (MDL) No. 2734, which this complaint joins, the side effect causes an insatiable urge to gamble, binge eat, have sex, and shop.

Abilify compulsive behavior was alluded to in the original label for other countries –in Europe and Canada, it warned about the risk of pathological gambling.

This allusion did not exist on American labeling prior to January 2016. The drug was approved by the U.S. Food and Drug Administration (FDA) in November 2002. In January 2016, the drive toward pathological gambling was added to the post-marketing experience section of the domestic label.

The plaintiff, Joseph H., raises the following claims in his short-form complaint against Bristol-Myers Squibb and other defendants:

Count One –Strict Liability; Count Two –Breach of Express Warranty; Count Three –Breach of Implied Warranty; Count Four –Negligence; Count Five –Negligence Per Se; Count Six –Negligent Misrepresentation; Count Seven –Violation of Michigan Consumer Protection Laws; Count Eight –Fraudulent Concealment; and Count Ten –Punitive Damages.

Joseph H. is represented by Richard W. Schulte, Attorney at Law. Mr. Schulte is part of Wright and Schulte, LLC of Vandalia, Ohio. On behalf of the plaintiffs, Mr. Schulte is asking for a trial by jury in all matters relevant to this Abilify compulsive behavior lawsuit.

As part of a favorable award, he asks for actual damages pursuant to the purchase and taking of Abilify, and costs of treatment for Abilify compulsive behavior issues, and damages for mental, physical, and economic pain and suffering.

The plaintiff’s attorney also asks for award consideration of his client’s mental and emotional anguish. He desires a return of all court fees and attorney’s fees to him as well as pre-judgment and post-judgment interest. A deterring award of punitive damages to inhibit such wanton disregard for the lives of others in mislabeling other drugs is hoped for as well.

Joseph H. states in his short-form complaint that he experienced monetary loss exceeding $75,000 because of Abilify. He also says he has lost all financial stability. Presumably to counter mental health prejudices, the plaintiff states also that an injury to his brain “constitutes a physical injury.”

According to the MDL, the defendants as of this date have not adequately warned of Abilify compulsive behavior including pathological gambling to medical professionals or patients.

The Abilify Compulsive Behavior Lawsuit is Case No. 3:17-cv-00726-MCR-GRJ, in U.S. District Court for the Northern District of Florida, Pensacola Division.