SACRAMENTO – A couple has filed suit against three pharmaceutical companies alleging that they failed to disclose the harmful effects of the drug Abilify to its consumers.
Brenda Sears and Robert Sears filed a complaint on Jan. 15 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 warranty, negligent misrepresentation and other counts.
According to the complaint, the plaintiffs allege that between January 2013 and April 2014, Brenda Sears suffered injuries and developed compulsive behaviors that they claim is a direct result of the prescribed drug Abilify. The plaintiffs holds Bristol-Myers Squibb Co., Otsuka Pharmaceutical Co. LTD and Otsuka America Pharmaceutical Inc. responsible because the defendants allegedly manufactured and distributed Abilify despite knowing about the adverse side effects of the drug though testing, but chose not to provide warnings of them in labels or advertisements.
The plaintiffs request a trial by jury and seek award actual damages to plaintiff, injunctive relief and injunction against the defendant, disgorgement of all profits made from Abilify, punitive damages, interest, all legal fees and any other relief as this court deems just. They are represented by Gary L. Wilson and Megan J. McKenzie of Robins Kaplan LLP in Minneapolis.
U.S. District Court for the Eastern District of California Case number 1:16-cv-00065-LJO-BAM