A man says that after taking the medication Abilify, he became a compulsive gambler without being warned of this side effect.
The man is now the plaintiff in a lawsuit against Bristol-Myers Squibb Co., Otsuka Pharmaceutical Co., and Otsuka America Pharmaceutical Inc. Plaintiff James L. filed his legal claim in U.S. District Court for the Northern District of Florida, Pensacola Division.
Abilify is purportedly given to patients to treat bipolar disorder, clinical depression, and schizophrenia, according to the lawsuit’s introductory statement.
James is a citizen and resident of the state of Rhode Island, where he was prescribed and took Abilify from March 2006 to September 2014. Allegedly under the influence of the medication, he became a compulsive gambler when he previously had no inclination toward this type of behavior.
James is not alone in this allegation. His complaint joins those of many other people who claim they each became a compulsive gambler under the influence of this psychotropic medication.
All of these product liability lawsuits are being funneled to the Northern District of Florida for streamlining in judicial processing. They are collectively referred to as Multidistrict Litigation (MDL) No. 2734.
The History of Abilify and its Labeling in the U.S.
According to the narrative of the long-form MDL, Abilify was approved for the commercial marketplace in November 2002 by the U.S. Food and Drug Administration (FDA).
Exactly 10 years later to the month, the European Medicines Agency—Europe’s equivalent to our FDA—decided to force the hand of the defendants and make them change Abilify’s label to warn that it could influence a patient to become a compulsive gambler.
Three years later—again, to the month—Canadian drug authorities determined through their investigations that there was a risk of becoming a compulsive gambler while taking Abilify and possibly engaging in other compulsive behavior.
Prescription information for the psychotropic drug was changed accordingly in that country, while no changes or warnings were made in the U.S., the lawsuit claims.
According to the MDL, the warning regarding the potential of becoming a compulsive gambler on Abilify was added to a section of the label rarely viewed by physicians and patients and not until January 2016.
In May of 2016, the FDA sent out a safety communication addressing patients’ reports of becoming a compulsive gambler with Abilify treatment.
The defendants stand accused by multiple parties of failing to warn U.S. physicians and patients of the dangers of this medicine. James brings forward several causes of action against the pharmaceutical companies which include but aren’t limited to Strict Liability, Breach of Implied and Express Warranty, Negligence, Negligent Misrepresentation, Negligence Per Se, Fraudulent Concealment and Violations of Rhode Island Consumer Protection Law.
James is asking for compensation for his pain and suffering from Abilify physical, emotional, and economic injuries. He additionally seeks punitive damages assessed against the defendants.
The Abilify Compulsive Gambling Lawsuit is Case No. 3:18-cv-01491-MCR-GRJ in U.S. District Court for the Northern District of Florida, Pensacola Division.
In general, Rexulti and Abilify lawsuits are filed individually by each plaintiff and are not class actions.
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