SACRAMENTO – A consumer is suing three pharmaceutical companies over claims they did not warn that the drug causes compulsive behaviors.
Athalean Harper-Mosley filed a complaint on April 20 in the U.S. District Court for the Eastern District of California against
Bristol-Myers Squibb Co., Otsuka Pharmaceutical Co. LTD and Otsuka America Pharmaceutical Inc.
citing alleged breach of implied warranty, breach of express warranty, fraudulent misrepresentation, negligence and other counts.
According to the complaint, the plaintiff began taking Abilify in July 2007 and it caused compulsive gambling behaviors. The plaintiff holds Bristol-Myers Squibb Co., Otsuka Pharmaceutical Co. LTD, and Otsuka America Pharmaceutical Inc. responsible because the defendants allegedly had a duty to inform their customers the potential side effects of taking Abilify but the company failed to do so in the U.S.
The plaintiff requests a trial by jury and seeks actual damages in an amount to be determined in trial, costs of treatment needed by plaintiff for injuries caused by Abilify, interest, punitive damages, all legal fees and any other relief as this court deems just. The plaintiff is represented by Gary L. Wilson, Munir R. Meghjee, and Meghan J. Mckenzie of Robins Kaplan LLP in Minneapolis.
U.S. District Court for the Eastern District of California Case number 2:16-cv-00817-JAM-EFB