In re Abilify (Aripiprazole) Prods. Liab. Litig.

299 F. Supp. 3d 1291
CourtDistrict Court, N.D. Florida
DecidedMarch 15, 2018
DocketCase No. 3:16-md-2734
StatusPublished
Cited by23 cases

This text of 299 F. Supp. 3d 1291 (In re Abilify (Aripiprazole) Prods. Liab. Litig.) is published on Counsel Stack Legal Research, covering District Court, N.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Abilify (Aripiprazole) Prods. Liab. Litig., 299 F. Supp. 3d 1291 (N.D. Fla. 2018).

Opinion

M. CASEY RODGERS, CHIEF UNITED STATES DISTRICT JUDGE

This is a multidistrict product liability action against the manufacturers and marketers of the prescription drug Aripiprazole, more commonly known as Abilify.2 Plaintiffs allege that, after taking Abilify as prescribed, they developed impulsive and irrepressible urges to engage in certain harmful behaviors, including impulsive gambling, eating, shopping, and sex.3 Defendants *1301deny the allegations and maintain that Abilify could not, and did not, cause Plaintiffs' impulse control problems.

Defendants have moved for summary judgment on the issue of general causation-that is, whether Abilify is capable of causing uncontrollable impulses to engage in certain harmful behaviors. See ECF No. 428. Both the motion, see id. , and the response, see ECF No. 463, are supported by expert testimony. Each side challenges the other's experts as unreliable and those motions are also pending.4 A four-day evidentiary hearing was conducted jointly with Magistrate Judge Gary R. Jones of this Court, and Judge James J. Deluca of the New Jersey Superior Court, who presides over multiple similar cases in New Jersey state court. Now, having carefully considered the law, the voluminous record, and the parties' arguments, the Court concludes that Plaintiffs have satisfied their burden to demonstrate that a genuine dispute of material fact exists as to whether Abilify can cause uncontrollable impulsive behaviors in individuals taking the drug.

I. Background

Abilify is an atypical antipsychotic drug developed and manufactured by Defendants Otsuka Pharmaceutical Co., Ltd. and Otsuka America Pharmaceutical, Inc., who jointly market and distribute it in the United States with Defendant Bristol-Myers Squibb Company (collectively, "Defendants"). See Master Complaint, ECF No. 108-1 at 5.5 In 2002, Abilify was approved by the Food and Drug Administration ("FDA") for the treatment of schizophrenia. Since then, Abilify also has been approved for use in patients with bipolar disorder, irritability associated with autistic disorder, Tourette's Syndrome, and as an add-on treatment for major depressive disorder. See Product Label, ECF No. 428-1 at 2. "[T]ens of millions of patients worldwide have used Abilify to help manage the symptoms of these very debilitating mental health conditions." See DSJ, ECF No. 428-26 at 9.6

In 2010, the first published reports suggesting a possible link between Abilify and pathological gambling began appearing in the medical literature. More published reports followed, as well as hundreds of informal reports from patients and healthcare professionals to Defendants and the FDA, describing the onset of impulsive gambling and other impulse control disorders in patients treated with Abilify. The scientific community, the FDA, Defendants, and public health agencies worldwide took notice and began examining whether Abilify is linked to impulse control disorders. The research findings and conclusions of these bodies are at the heart of the motions currently pending before this Court.

*1302In 2012, following a safety review of Abilify based on reports of pathological gambling with patients' use of the drug, the European Medicines Agency ("EMA") required Defendants to modify the drug's product label in Europe to include pathological gambling as a possible "post-marketing undesirable effect" of Abilify and to warn of an "increased risk" of pathological gambling in Abilify patients with a prior history of gambling.7 See FDA Pharm. Vigil., ECF No. 428-11 at 5, 12.8 In November 2015, Health Canada also found an "increased risk" of pathological gambling, as well as hypersexuality, with Abilify use and ordered that the drug's product monograph in Canada be updated to advise of these possible adverse effects.9 See id. at 5, 12. Health Canada's safety review and subsequent product monograph update prompted the FDA to initiate a pharmacovigilance review in the United States to evaluate whether the potential link between Abilify and impulse control disorders presented a "safety issue warrant[ing] any regulatory action." See id. at 5. The FDA's review identified an association between Abilify and impulse control disorders, based on an analysis of cases in its adverse event reporting database (FAERS), the published scientific literature, and Defendant's clinical trial and post-marketing patient data.10 See id. at 4, 29. On May 3, 2016, the FDA issued a safety warning that "uncontrollable and excessive urges" to "gamble, binge eat, shop and have sex" had been reported with the use of Abilify, even in patients with no prior history of impulsive behaviors.11 In August 2016, the FDA required Defendants to modify Abilify's product label in the United States to warn of "post-marketing case reports suggest[ing] that patients can experience intense urges, particularly for gambling, and the inability to control these urges while taking" the drug. See Product Label, ECF No. 428-1 at 2, 24. The United States product label was also modified to warn of "[o]ther compulsive urges, reported less frequently, [which] include: sexual urges, shopping, eating or binge eating, and other impulsive or compulsive behaviors." See id. At that point, Abilify had been on the market in the United States for almost 14 years.

A short biochemistry discussion may be helpful at this point.12 The human brain is a tremendously complex biochemical system. It contains billions of interconnected nerve cells, called neurons, that use chemical *1303and electrical signals to send information throughout the body. The function of a neuron is to process and transmit information-it receives signals from other neurons, integrates and interprets those signals, and transmits signals to other, adjacent neurons. The signals within neurons are carried throughout the brain in the form of electrical impulses. When a signal is sent from one neuron to another, it must cross a microscopic gap between the two communicating neurons. This gap is called a synapse or synaptic cleft. At the synapse, the electrical signal within the neuron is converted to a chemical signal and sent across the synapse towards the receiving neuron.13 This chemical signal is transported by molecules, called neurotransmitters, that attach to special structures on the outer surface of the receiving neuron, called receptors.14 There are many different types of receptors, categorized by the type of neurotransmitters with which they interact. The attachment of neurotransmitters to receptors can either stimulate or inhibit electrical activity in the receiving neuron, depending on which neurotransmitter is released and which receptors it activates. In any one synapse, there may be hundreds of neurotransmitters continually moving between, and acting on, neurons, triggering varying physiological effects throughout the brain and the body.

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Bluebook (online)
299 F. Supp. 3d 1291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-abilify-aripiprazole-prods-liab-litig-flnd-2018.