Abilify Class Action Lawsuit-Like Centralization Sought for Gambling, Other Compulsive Behaviors
As a growing number of Abilify gambling lawsuits continue to be filed by individuals nationwide, a request has been filed to consolidated the cases as part of a federal multidistrict litigation (MDL). If the request is granted, the cases will be centralized before one judge for coordinated discovery and pretrial proceedings. While an MDL is handled similar to an Abilify class action lawsuit, there are important differences.
The U.S. Judicial Panel on Multidistrict Litigation (JPML) has been asked to transfer dozens of cases filed in U.S. District Courts nationwide to the Northern District of Florida, since they each involve similar allegations that side effects of Abilify caused users to engage in compulsive behaviors, such as gambling, hypersexual activity, uncontrollable shopping or other problems.
The litigation has emerged over the past year, as studies and adverse event reports demonstrated that users may face impulse control problems on Abilify. Although it appears that the makers of the blockbuster antipsychotic medication knew or should have known about the problems, warnings were withheld from users in the United States until the FDA recently required a label update.
There are currently at least 30 cases pending nationwide. However, as the Abilify lawyers at Saiontz & Kirk, P.A. and other firms continue to review and file claims for individuals nationwide, it is expected that hundreds, if not thousands, of lawsuits will be filed in the coming months and years.
The U.S. JPML is expected to consider this motion at a hearing scheduled for later this month, as both plaintiffs and the drug makers agree that centralized management is necessary to reduce duplicative discovery into common issues in the cases, avoid conflicting pretrial rulings from different judges and to serve the convenience of the parties, witnesses and the courts.
Abilify MDL vs. Class Action Lawsuit
If the motion is granted, each case currently pending, as well as all future Abilify lawsuits filed over gambling or other compulsive behaviors will be transferred into the MDL for coordinated discovery and pretrial management. While many people will refer to this as an Abilify class action lawsuit, it is actually a collection of many individual claims.
Unlike a class action, where all claims are tried through a class representative, each plaintiff will have the individual burden of establishing that their damages were caused by side effects of Abilify, and the drug maker’s failure to warn. In addition, each plaintiff will need to establish what amount of damages they are entitled to receive.
Since the circumstances surrounding the use of the medication and compulsive behaviors from Abilify will be different in each case, the claims can not be resolved through a class representative.
Following coordinated pretrial proceedings, if Abilify gambling settlements are not reached with the drug maker, each individual claim may ultimately be remanded back to the U.S. District Court where it was originally filed for a separate trial over the manufacturer’s failure to provide consumers and the medical community with adequate warnings about the importance of monitoring for signs of uncontrollable gambling or other impulse control symptoms.
The injury lawyers at Saiontz & Kirk, P.A. are providing free consultations and claim evaluations for individuals nationwide to help determine if financial compensation may be available for those who suffered:
- Gambling Problems
- Compulsive Shopping
- Sex Addiction
All cases are reviewed under a contingency fee agreement, which means that there are no out-of-pocket costs to hire a lawyer and there are no attorneys fees or reimbursement of expenses unless we are successful obtaining a recovery for a compulsive behavior habit suffered by you or a loved one.
1 Comment • Add Your Comments
Fran Y says:
How long would have a person been taking this? Is Impulse control a side effect or was it used to treat impulse control
Posted on March 12, 2022 at 1:45 pm