A plaintiff, Robert E., has filed a lawsuit in Florida federal court against Bristol-Myers Squibb Company, alleging that he suffered severe adverse effects and complications because of a link between Abilify and compulsive behavior.
According to the lawsuit, Abilify, also known as aripiprazole, is a prescription treatment medication prescribed for conditions such as schizophrenia, bipolar disorder, depression, and Tourette syndrome. It may also be prescribed for treatment of irritability associated with autism.
The lawsuit contends that due to Robert’s taking Abilify, he suffered effects such as: mental anguish; loss of capacity for the enjoyment of life; disability, pain and suffering; loss of earnings; expense of medical care and treatment; the exacerbation of formerly held existing conditions; and the future ability of earning money and other economic losses. He claims the losses he suffered will be permanent.
He files the lawsuit alleging the following counts against Bristol-Myers: 1) Strict Liability, 2) Breach of Express Warranty, 3) Breach of Implied Warranty, 4) Negligence, 5) Negligence Per Se, 6) Negligent Misrepresentation, 7) Violation of Consumer Protection Laws, 8) Fraudulent Concealment, 9) Loss of Consortium, 10) Punitive Damages.
Robert’s claim is filed as part of a large multidistrict litigation, or MDL, centered on allegations of an association between Abilify and compulsive behavior. The lawsuit claims that the “defendants knew or should have known that Abilify, when taken prescribed and intended, causes and contributes to an increased risk of serious and dangerous side effects including, without limitation, uncontrollable compulsive behaviors such as compulsive gambling.”
According to the lawsuit, Abilify’s prescribing information did not include any mention of any association between Abilify and compulsive behavior, or any specific indication that gambling was a likely adverse side effect. Despite the lack of an adequate warning, Robert claims, the drug has been linked to side effects of compulsive gambling since 2010.
In May 2016, the U.S. Food and Drug Administration ordered Abilify to revamp their warnings due to Abilify and compulsive behavior associations. These side effects also include compulsive shopping, eating, and sexual behavior.
Reports emphasize that although Bristol-Myers’ labeling in Canada and Europe did forewarn its consumers of possible “pathological gambling” and other side effects, warning labels in the U.S. failed to do so.
According to a report, in May 2016, new labels from Bristol-Myers warning of Abilify compulsive behaviors were to be added to the drug. However, an announcement by the FDA felt that this did not go far enough to explain the seriousness of this issue.
According to the FDA, “although pathological gambling is listed as a reported side effect in the current aripiprazole drug labels, this description does not entirely reflect the nature of the impulsive-control risk that we identified. In addition, we have become aware of other compulsive behaviors associated with aripiprazole, such as compulsive eating, shopping, and sexual actions.”
Although the exact cause of how Abilify causes this behavior is unknown, researchers believe that Abilify, which imitates the effects of dopamine in the brain, alters the brain’s chemical reward mechanism. Studies show that drugs like aripiprazole that act on dopamine neurons may have an effect on behaviors that are linked to some kind of reward.
Additionally, despite the FDA not having established a definitive link between pathological gambling and Abilify, they will require a manufacturer to revise their labels when the believe that there is reasonable evidence of a causal relationship with a drug.
Robert’s Abilify and Compulsive Behavior Lawsuit is Case No. 3:17-cv-00665-MCR-GRJ, in the U.S. District Court for the Northern District of Florida, Pensacola Division. The Abilify MDL is In re: Abilify (Aripiprazole) Products Liability Litigation, MDL No. 3:16-md-2734, also in the U.S. District Court for the Northern District of Florida, Pensacola Division.
In general, Abilify lawsuits are filed individually by each plaintiff and are not class actions.
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