Some patients prescribed Abilify develop compulsive behaviors, such as excessively gambling, shopping, eating, and/or having sex. In Las Vegas, patients on Abilify are especially prone to channeling their uncontrollable urges in casinos and racking up enormous gambling debts against their better judgment.
People who suffered adversely from Abilify in Nevada may have a negligence cause of action against the drug's manufacturer. Depending the case, the patient may be entitled to compensatory damages for:
- hospital bills and long-term care, including rehab
- lost monies from excessive gambling or shopping,
- lost earnings,
- loss of future earnings, and/or
- pain and suffering
Abilify victims have two (2) years to bring a negligence lawsuit after their injury began. Fortunately, patients tend to lose their addictive behaviors once their doctor takes them off Abilify or reduces their dosage.
In this article, our Las Vegas personal injury attorneys answer frequently-asked-questions about Abilify lawsuits in Nevada, including negligence claims, standards of proof, and statutes of limitations. Click on a topic to jump to that section:
- 1. What can I do if I got harmed by Abilify in Las Vegas, NV?
- 2. What money can I get for Abilify injuries in Las Vegas, NV?
- 3. Whom can I sue for my Abilify injuries in Las Vegas, NV?
- 4. How do I prove an Abilify claim in Las Vegas, NV?
- 5. When can I sue for my Abilfiy injuries in Las Vegas, NV?
- 6. What is Abilify used for?
- 7. Has Abilify been recalled?
- 8. Abilify resources
Patients who developed compulsive behaviors such as gambling addictions, shopping addictions, binge-eating, and hyper-sexuality from taking Abilify may be able to sue the drug manufacturer (the defendant) for negligence. Plaintiffs in negligence lawsuits have to show four things in order to win:
- The defendant(s) owed the plaintiff a duty of care;
- The defendant(s) breached this duty;
- This breach caused the plaintiff's injury; and
- This injury resulted in damages.
A negligence lawsuit against Abilify's manufacturer would allege that:
- The manufacturer was negligent in warning doctors that patients could develop compulsive gambling, eating, shopping, and sex habits;
- The manufacturer did not properly test Abilify, misrepresented the drug's benefits, and urged doctors to use it for "off-label" purposes; and/or
- The manufacturer hid evidence of the patients' increased risk of compulsive behavior
Therefore, plaintiffs would argue that Abilify's manufacturer's breaches in duty caused their injuries.
1.1. Abilify injuries
Abilify use has resulted in patients displaying obsessive and addictive behavior, such as pathological gambling, eating, shopping, and sexual activity. The patient succumbs to these uncontrollable desires even though it is harming them. This behavior usually stops once the patient gets off Abilify and takes another medication.
People adversely affected by Abilify may be able to recover compensatory damages for:
- All medical bills, including addiction therapy,
- Gambling losses (if applicable),
- Losses from excessive shopping (if applicable),
- Pain and suffering from having lost jobs, money, and relationships due to Abilify's effects,
- Lost wages,
- Loss of future earnings, and/or
Punitive damages (if applicable)
The best evidence turns on the unique facts of the patient's injuries. If the patient became addicted to gambling, he/she could produce records of casino markers and drained bank accounts and surveillance video of him/her gambling. If the patient became a binge-eater, he/she could produce medical records and surveillance video of him/her binging. And if the patient became a shopaholic, evidence could include store receipts, etc.
The standard of proof in Nevada negligence cases is called "preponderance of the evidence." This means that the plaintiff bears the burden to demonstrate to the court that it is more likely than not that the defendant was negligent. Learn more about proving negligence in Nevada.
There is a two (2) year window following an Abilify injury to file a negligence lawsuit in Nevada.
Abilify is an anti-psychotic medication, and it is a brand name for aripiprazole. Doctors prescribe it to help treat depression, schizophrenia, bipolar disorder, Tourette's syndrome, and even autism. It may alleviate such symptoms as depressive thoughts, mood swings, hallucinations, and tics.
No, but in 2016 the FDA ordered that the Abilify label warn of the link between the drug and pathological gambling and addictive actions.
- Abilify official website
- New York Magazine Article on Abilify Uncontrollable Urges
- Time Magazine Article on Abilify Compulsive Behavior Warning
Call a Nevada personal injury attorney...
Did taking Abilify wreak havoc on your life? Our Las Vegas personal injury attorneys may be able to win you a large financial settlement to make up for what you lost. Call us at 702-DEFENSE (702-333-3673) for a FREE consultation. You pay us nothing unless we win.
- See, e.g. Scialabba v. Brandise Const. Co., 112 Nev. 965, 921 P.2d 928 (1996).
- FDA Abilify Safety Communication.
- NRS 11.190.
- Abilify official website.
- FDA Abilify Safety Communication.