Drug Failed to Warn of Risks of Compulsive Gambling, Settlement Reached in Class Action

_{Proposed settlement offers compensation to Canadian ABILIFY MAINTENA® users for alleged compulsive behavior risks. (Image: Norman Pogson / Alamy)}

A significant proposed settlement has been reached concerning all individuals in Canada who were prescribed and took ABILIFY® before February 23, 2017, as well as those who received injections of ABILIFY MAINTENA® between February 6, 2014, and December 16, 2016.  

The notice was approved by the Ontario Superior Court of Justice and the Superior Court of Québec.   

Not All Class Members Will Qualify for Compensation 

Known as the "ABILIFY® Class Members" and "ABILIFY MAINTENA® Class Members," these individuals, along with their family members, may be eligible for compensation due to claims related to alleged risks associated with these medications. 

Abilify® is an antipsychotic medication that helps treat several kinds of mental health conditions, including schizophrenia, bipolar I disorder, autism spectrum disorder, and Tourette syndrome. 

It balances the levels of dopamine and serotonin in your brain to regulate your mood, behaviours and thoughts. Warnings now appear in relation to the medication including on NHS UK site.

The settlement includes a total fund of CAD $14,750,000.00, which will be allocated for approved claims, payments to public health insurers totalling CAD $368,750.00, costs associated with notice and administration, and legal fees as approved by the court. 

It is essential to note that not all Class Members will qualify for compensation, and the drug manufacturers will not have a say in determining eligibility or the distribution of settlement benefits. For the settlement to take effect it requires approval from the Ontario Superior Court of Justice and the Superior Court of Québec. 

Manufacturers Failed to Adequately Warn Consumers of Potential Risks 

This legal action centres on allegations that the manufacturers failed to adequately warn consumers about the potential risks of compulsive gambling, hypersexuality, compulsive shopping, and binge eating linked to the use of ABILIFY® and ABILIFY MAINTENA®. 

The Ontario Superior Court of Justice certified a national class action on March 13, 2020, following the earlier authorization of a similar action in Québec on December 19, 2019. 

Manufacturers Deny Wrongdoing 

While the courts have yet to decide the merits of these claims, the defendants continue to deny any wrongdoing. The implications of this case are significant, particularly for affected individuals who may have experienced compulsive behaviour as a result of these medications. 

Further information on eligibility and claims will be available pending court approval of the settlement.