Abilify Attorneys Seek Leadership Roles in MDL for Gambling, Compulsive Behavior Lawsuits

Following the recent consolidation of all federal Abilify gambling lawsuits filed throughout the federal court system, a number of plaintiffs’ attorneys are applying to serve in various leadership roles in the multidistrict litigation (MDL). 

In October, the U.S. Judicial Panel on Multidistrict Litigation (JPML) established coordinated pretrial proceedings for all federal product liability lawsuits brought against Bristol-Myers Squibb and Otsuka Pharmaceuticals over failure to warn about the impulsive behavior side effects of Abilify, a popular antipsychotic linked to reports of compulsive gambling, sex addition, and compulsive shopping and eating habits.

There are currently about two dozen complaints pending in the MDL, each raising similar allegations that individuals may have avoided severe damage to their financial security, family and reputation if the drug maker had not withheld information about the risk of gambling and other compulsive impulses. However, as Abilify attorneys continue to review claims for individuals throughout the U.S. in the coming months and years, it is widely expected that several thousand cases will ultimately be filed nationwide.

Given the similar questions of fact and law raised in the lawsuits, the JPML centralized all pretrial proceedings before U.S. District Judge M. Casey Rodgers in the Northern District of Florida to reduce duplicative discovery into common issues, avoid conflicting pretrial rulings and serve the convenience of parties, witnesses and the courts. As part of the coordinate pretrial proceedings, a small group of attorneys will be appointed to various leadership roles, taking certain actions during the litigation that benefit all plaintiffs.

In an order (PDF) issued November 16, Judge Rodgers called for applications to be filed by any attorneys seeking to serve as Co-Lead Counsel, Liaison Counsel, on an Executive Committee consisting of five lawyers, or on a Plaintiffs’ Steering Committee comprised of seven members. There will also be a liaison attorney chosen to coordinate between federal litigation and cases filed in various states, most of which are pending in New Jersey state courts.

There shall also be a Joint Discovery Committee and a Joint Settlement Committee, both comprised of attorneys representing both plaintiffs and defendants.

After applications are submitted in the coming weeks, it is expected that Judge Rodgers will issues a separate order in the future appointing these attorneys to leadership roles in the Abilify litigation. The next status conference in the MDL is scheduled for February 22, 2017.

Abilify Gambling Lawsuits

Abilify (ariprazole) is one of the top-selling brand name medications on the market in the United States, generating sales in excess of $6 billion per year. It was introduced in 2002 for treatment of schizophrenia, bipolar disorder and other major depressive disorders, but is also widely used to treat irritability, aggression, mood swings and other behavior issues.

In May, the FDA required the drug makers to update the warning label to provide information for users and doctors about the potential Abilify risk of gambling, compulsive shopping and other compulsive activities. The regulatory agency noted that a large number of adverse event reports have been received from users describing uncontrollable urges to gamble, shop, eat or engage in sexual activity.

Addictive gambling problems on Abilify can have a severe impact on users, causing severe financial losses and behavior that can destroy families, reputations and cause irreparable damage to an individual’s quality of life.

Plaintiffs allege that if warnings had been provided about the risk of impulsive behaviors, they may have avoided devastating consequences by recognizing the potential side effects associated with the medication and stopping use of the drug.

Although warnings about the potential risk were provided to medical providers and consumers outside the United States, plaintiffs in the mounting Abilify litigation claim that similar information was withheld in the United States until recently.

Following the completion of common discovery and coordinated pretrial proceedings in the MDL, if the drug makers are unable to reach Abilify settlements or otherwise resolve the cases, each lawsuit may be remanded back to the U.S. District Court where it was originally filed for a separate trial date.