Lawsuit: Bristol-Myers Squibb failed to disclose Abilify can cause compulsive behavior

By Noddy A. Fernandez | Sep 13, 2018

CHICAGO — A group of Illinois residents are suing Bristol-Myers Squibb for allegedly failing to disclose to consumers that the prescription drug Abilify allegedly can cause compulsive behaviors.

The plaintiffs are citing alleged breach of express and implied warranty and design defect.

Plaintiffs, including Ronald Walker, Victoria D. Brown and Alonzo Pearson, et al., filed a complaint on Aug. 17 in Cook County Circuit Court ,against defendants Bristol-Myers Squibb, Otsuka America Pharmaceutical Inc., and Otsuka Pharmaceutical Co., alleging the defendants manufactured a dangerous and defective product that poses risks of serious compulsive behaviors and harm to plaintiffs and other consumers.

Abilify was manufactured, promoted and sold by defendants as a prescription drug that treats schizophrenia, depression, bipolar disorder, irritability associated with autism in adolescents and Tourette's Disorder, according to the complaint. However, plaintiffs allege it has caused behaviors including compulsive gambling, compulsive shopping and hyper-sexuality. 

Defendants allegedly did not warn consumers of the compulsive behaviors and simply added "pathological gambling" to the post-marketing section of the U.S. label, according to the lawsuit. These compulsive behaviors resulted in substantial financial, mental, and physical damages, the lawsuit claims.

The plaintiffs allege the defendants failed to provide adequate warnings to users, purchasers or prescribers of Abilify and instead continued to sell Abilify in an unreasonably dangerous form without adequate warnings or instructions, according to the complaint.

The plaintiffs request a trial by jury and seek judgment for damages, pre and post-judgment interest, costs, expenses, attorney's fees, costs, and further relief. They are represented by E. Samuel Geisler of Aylstock, Witkin, Kreis & Overholtz PLLC of Pensacola, Fla.

Circuit Court of Cook County Case number 18-L-008915

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Aylstock, Witkin, Kreis & Overholtz PLLC Circuit Court of Cook County

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