A man has filed a lawsuit in Tennessee federal court against Bristol-Myers Squibb Company and Otsuka Pharmaceutical Company alleging he suffered personal injuries as the result of taking the prescription drug Abilify.
Plaintiff Michael R. baegan taking the drug Abilify, an antipsychotic medication that has been used to treat schizophrenia, bipolar disorder and depression symptoms in patients.
Michael alleges it wasn’t long after he began taking Abilify and gambling problems ensued.
Are Abilify and Gambling Linked?
“Defendants’ drug, Abilify, harmed Plaintiff Michael [R.], having caused harmful compulsive behaviors including compulsive gambling, resulting in substantial financial, mental, and physical damages,” the Abilify lawsuit states.
Michael claims that the manufacturers of Abilify either knew or should have known that the drug causes an increased risk of serious and compulsive behaviors such as compulsive gambling.
Despite prior labeling in Europe and Canada warning about the increased risk with Abilify and gambling, the lawsuit states that the manufacturers neglected to inform patients and medical personnel in the U.S. about the risk of compulsive behaviors, including compulsive gambling, until January 2016.
Michael began taking the prescription medication in January 2007, and noted the Abilify and gambling problems link shortly thereafter. Michael stopped taking Abilify in June 2015, and states that he stopped compulsively gambling shortly after discontinuing his medication.
“As a result of Abilify use, Plaintiff Michael [R.] has suffered the following losses: monetary losses in excess of $375,000, loss of financial stability, and other mental, physical, and economic losses. The injurious impact of Abilify on Plaintiff’s brain constitutes a physical injury,” the lawsuit states.
Abilify was first introduced to the U.S. market in the fall of 2002. In the fall of 2012, the European Medicines Agency warned its patients and the medical community that there was a link between using Abilify and gambling problems of a pathological nature.
In November 2015, Canadian medical regulators followed with a warning stating there is a link between Abilify and gambling as well as hypersexuality behaviors.
“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 medical community about Abilify’s association with gambling-despite opportunities and a duty to do so,” Michael’s Abilify lawsuit alleges.
It is believed that Abilify contributes to pathological gambling behavior because of its action as a dopamine agonist in the brain. Dopamine is a brain chemical responsible for controlling the reward and pleasure centers in the brain.
Michael has brought forth a number of allegations against the manufacturers of Abilify including: strict liability for design, manufacturing and warning, breach of express warranty, negligence, negligence per se, negligent misrepresentation, violations of the Tennessee Consumer Protection Act and fraudulent concealment.
Plaintiff is seeking an award of punitive and exemplary damages, actual damages, costs of treatments, award for damages related to Michael’s mental and emotional anguish, pre-and post-judgment interest, attorneys’ fees and costs and any additional relief as deemed proper by the court.
The Abilify and Gambling Lawsuit is Case No. 1:16-cv-00384, in the U.S. District Court for the Eastern District of Tennessee.
In general, Abilify lawsuits are filed individually by each plaintiff and are not class actions.
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