Abilify is an antipsychotic drug that is prescribed for the treatment of schizophrenia in adult patients. The manufacturer of Abilify products is Bristol Myers Squibb.
It is considered a powerful medication that may result in severe side-effects. Patients who take Abilify may experience:
- Restlessness;
- Vomiting;
- Rash;
- Nausea;
- Fatigue;
- Anxiety; or
- Constipation.
There are also serious but rare side effects, including tardive dyskinesia and neuroleptic malignant syndrome (NMS). Symptoms of tardive dyskinesia include the loss of control of limb movements.
Symptoms of NMS include:
- Sweating;
- High fever;
- Muscle tightness; and
- Changes in heart rate and blood pressure.
NMS may lead to muscle breakdown and kidney failure. Currently, the Federal Drug Administration (FDA) has recognized a link between the adverse reactions discussed above and the drug.
The FDA has also recently advocated a change in the warning label that addresses the increased risk of diabetes and hyperglycemia with use of this drug.
What Are Some Behavioral Side Effects Associated with Abilify?
In addition to the physical side effects that may be associated with Ability, there have also been numerous behavioral and mental side effects associated with the drug. In particular, Ability has been linked to addictive behaviors that start almost immediately when an individual begins using the drug.
This includes repetitive behaviors including:
- Pathological eating;
- Gambling;
- Sex; and
Other types of conduct.
These pathological behaviors are often found to stop once a patient stops using Abilify.
Who Can Be Held Liable for Abilify Side Effects and Injuries?
In many cases, the manufacturer of Ability may be held liable for injuries or severe side effects that were caused by the drug. There may also be evidence that the manufacturer of the drug was aware of the potential side effects and failed to provide proper warnings.
This can be evidenced by the fact that warning labels were provided in Canada and Europe, but not the United States. In other types of cases, a doctor or a pharmacist may be held liable for malpractice if they commit a prescription error related to the drug.
One example of this would be if they prescribe the drug to the wrong patient or if they make an error related to the dosage of the drug. The legal remedies for injuries resulting from Abilify may include a monetary damages award that is used to compensate the individual for:
- Medical expenses;
- Additional treatment costs;
- Loss of income; and
- Other losses.
What Remedies Can I Recover from Abilify Injuries?
If an individual is injured by the medication Abilify, the type of claim an individual would file is a personal injury claim. A personal injury claim is a legal action used when an individual has suffered emotions, mental, or physical injuries or property damages.
When an injured party, or plaintiff, files a personal injury claim, or lawsuit, they will typically request financial compensation for the party who caused the injury by requesting a monetary damages award or a compensatory damage award.
These awards are referred to as compensatory damages because they compensate the plaintiff for the losses and injuries they suffered. In general, there are two categories of compensatory damage awards, special damages and general damages.
Special damages are awarded to restore an injured plaintiff to the position that they were in before the injury or harm occurred. Special damages includes amounts that can be calculated, such as:
General damages can be awarded for losses that are not easily determined using a monetary calculation, which may include losses related to:
The laws that govern compensatory damages may vary by state. There are some states that place caps, or limits, on the amount of compensatory damages a plaintiff can receive, especially general damages.
In order for a plaintiff to receive compensatory damages, they must show several elements. Typically, they will be required to show that a loss did, in fact, occur and that it was caused by the other party, or the defendant.
In other words, the plaintiff must show that the conduct of the defendant led to their loss or injury. In the majority of cases, a loss will be caused by some form of negligence on the part of the defendant.
One example of this would be when a defendant’s negligent driving, such as, if they were speeding, causes an accident that injures a plaintiff. In order for a plaintiff to prove their claim, they will want to preserve and gather various types of evidence that may support their case, including:
- Statements from witnesses;
- Photos or video connected with the accident or incident;
- Various relevant documents, for example, medical bills or police reports;
- Physical evidence, such as:
- broken glass;
- dents; or
- other damage; and
- Any item or evidence that can help the court to calculate damages.
If an individual believes they have been injured by the drug Abilify, they should consult with an Abilify lawyer for more information and assistance.
How Are Compensatory Damages Calculated?
When a court is calculating compensatory damages, it will typically consider many different factors related to the case, including, but not limited to:
- The background of the victim, including their age;
- The type of injury;
- The extent of the injury;
- Costs associated with treatment or rehabilitation;
- Any differences or losses in the victim’s ability to earn a wage before and after the incident;
- Actual losses of income;
- Whether any property damage resulted from the accident; and
- Any other impacts on the quality of life of the plaintiff.
It is important to note that there may be some instances where the plaintiff’s damages award is reduced or limited. For example, if the plaintiff contributed to their own injuries, it may affect the amount of damages they are allowed to collect under contributory negligence laws.
How Do I Collect Compensatory Damages?
It is important for an individual to be aware that receiving a compensatory damages award and actually collecting that money may be two different issues. If the defendant is ordered to pay the plaintiff a damages award, the court will typically order them to pay the amounts.
There are many cases where the defendant is not willing or not able to pay those damages. In these cases, the attorney for the plaintiff may have to assist with the collections process.
This may include taking steps to get money from the defendant, such as placing a lien on their property or garnishing their wages. Typically, interest will accumulate on the damages amount until it is paid in full.
This interest may provide incentive for a defendant to pay the compensatory damage award amount as quickly as possible.
Should I Contact a Lawyer if I’ve Been Affected by Abilify?
If you have taken the medication Abilify and you have experienced serious health problems as a result, it is important to consult with a class action lawyer. Your lawyer can protect your legal rights and help you obtain compensation for your injuries.
Cases involving medical issues and medications typically require evaluation and testimony from expert witnesses, such as doctors. Your lawyer is best trained and equipped to present this evidence to a court and jury in a manner that will allow them to understand how the medication caused your injuries.
