A California woman has filed an Abilify compulsive behavior lawsuit, alleging the psychiatric medication caused her to develop destructive behavioral  problems.

Plaintiff Violeta A. is filing an Abilify lawsuit against the Bristol-Myers Squibb Company, the Otsuka Pharmaceutical Company LTD, and Otsuka America Pharmaceutical Inc. Her Abilify lawsuit is part of a bigger multidistrict litigation, or MDL.

In her Abilify compulsive behavior lawsuit, Violeta says she took Abilify under the orders of her physician for nearly eight years, from October 2008 to June 2016. She claims that she suffered grave injuries to her brain which will have long-reaching life impact.

She took the drug while living in  California and wants to bring this Abilify compulsive behavior lawsuit against the manufacturers and promoters of the drug which is typically used to treat major depression, bipolar disorder, and schizophrenia.

She alleges that she has incurred financial losses over $75,000 and severe monetary instability. The plaintiff also complains of emotional distress and neuropsychiatric symptoms she expects to continue into the foreseeable future.

Violeta brings the following counts from the MDL’s master complaint in her Abilify compulsive behavior lawsuit:

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 Consumer Protection Laws in the State of California; Count Eight—Fraudulent Concealment; and Count Ten—Punitive Damages.

Violeta is seeking actual damages in an amount that shall be determined by the jury according to the evidence presented. The compensatory damages asked for include the cost of treatment for brain injuries related to ingestion of Abilify, just compensation for the emotional and mental anguish as well as financial losses.

Finally, the plaintiff seeks an award that includes pre-judgment and post-judgment interest,  as well as punitive damages against the named defendants.

The History and Marketing of Abilify

Abilify was approved for domestic marketing by the U.S. Food and Drug Administration in the fall of 2002.

Fourteen years later on May 3, 2016, the FDA issued a warning that Abilify was associated with “compulsive or uncontrollable urges to gamble, binge eat, shop, and have sex.” The FDA recommended that doctors “closely monitor” patients, and consider reducing or stopping Abilify if compulsivity emerges.

The European Medicines Agency (EMA) had, two years prior, required the drug manufacturer to change the labeling of Abilify to warn medical professionals and patients of the tendency of the medicine to produce compulsive gambling regardless of former behavioral history.

A year prior, Canadian drug regulators concluded that there was a connection between Abilify, hyper-sexuality, and compulsive gambling and required a warning label change. Despite these controls, there was no effort made by the defendants to also change domestic labeling.

Language in the post-market experience section of the drug’s label had a reference to compulsive gambling added no sooner than January 2016. Even so, plaintiffs like Violeta argue this addition was added to a part of the label not likely to be seen and seriously reviewed.

Violeta’s Abilify Compulsive Behavior Lawsuit is Case No. 3:17-cv-00845-MCR-GRJ in the U.S. District Court for the Northern District of Florida, Pensacola Division.