A new lawsuit was filed in Florida federal court. This case, like so many before it, allege that the Bristol-Meyers Squibb Co., Otsuka Pharmaceutical Co. Ltd., and Otsuka America Pharmaceutical Inc. knew of Abilify’s tendency to promote a pathological gambling problem in patients.

Abilify is an antipsychotic medication used to treat bipolar disorder, schizophrenia, and sometimes severe depression. In this most recent products liability case, plaintiff Patricia B. claims that the drug was directly related to her development of a pathological gambling problem.

Patricia says that while she took Abilify for the 11 years from 2007 to 2018, she started engaging in compulsive activities previously not an issue for her. She claims that a pathological gambling problem among other habits grew out of these compulsions.

The pathological gambling problem, according to her short-form complaint, not only led to severe financial losses, but allowed for bodily injury with resultant pain and suffering.  Patricia says that the Abilify-induced drives caused her to lose the ability to enjoy life and were the source of a great deal of psychological suffering.

Because this plaintiff is not the first to allege this connection between ingesting Abilify and developing a pathological gambling problem, her lawsuit draws its causes of action against the named defendants from Multidistrict Abilify Product Liability Litigation (MDL) No. 2734. Patricia B., a citizen and resident of the State of California, brings the following counts forward from the long-form complaint:

Count 1: Strict Liability; Count 2: Breach of Express Warranty; Count 3: Breach of Implied Warranty; Count 4: Negligence; Count 5: Negligence Per Se; Count 6: Negligent Misrepresentation; Count 7: Violation of California Consumer Protection Laws; Count 8: Fraudulent Concealment; and Count 10: Punitive Damages.

The plaintiff seeks compensatory damages for economic, physical, and emotional losses exceeding $75,000. Patricia claims through her counsel that these experienced losses may continue indefinitely or even be permanent in nature. She is also asking for statutory damages for violation of California consumer protection laws as evidence presented at trial is able to support.

Finally, Patricia asks that consideration for all costs involved with litigation be included with her award.

What is Abilify?

Abilify is an atypical antipsychotic medication that become commercially available domestically as early as 2002. It wasn’t until 14 years later in May 2016, that the U.S. Food and Drug Administration (FDA) announced that the drug’s label would be changed to reflect growing concerns regarding the medication’s tendency to promote compulsive gambling, eating, shopping, and sexual behaviors.

This connection had allegedly been long known by the defendants because of interventions similar foreign-based agencies had made. In the fall of 2012, the European Medicines Agency made it mandatory for Bristol-Meyers Squibb to add information about pathological gambling to a special warnings section and an undesirable effects section. A full three years later, Canadian authorities followed suit by requiring a similar change to the label.

The Pathological Gambling Problem Lawsuit is Case No. 3:18-cv-00624-MCR-GRJ in the U.S. District Court for the Northern District of Florida, Pensacola Division.