Proposed Settlement Reached in Abilify and Abilify Maintena Class Action
November 5, 2024 – On March 13, 2020, the Ontario Superior Court of Justice certified a national class action on behalf of ABILIFY® and ABILIFY MAINTENA® Class Members relating to the Defendant drug manufacturers’ alleged failure to warn of the risks of compulsive gambling, hypersexuality, compulsive shopping, and binge eating (“Compulsive Behaviours”) associated with ABILIFY® and ABILIFY MAINTENA®. Previously, on December 19, 2019, the Superior Court of Québec authorized a national class action on behalf of ABILIFY® Class Members. Notice of authorization of the Québec class action was provided on January 6, 2020. The opt-out deadline for ABILIFY® Class Members who did not wish to participate in the Québec Class Action expired on May 31, 2020.
The parties have reached a proposed settlement (the “Settlement”) on behalf of all individuals in Canada who were prescribed and took ABILIFY® before February 23, 2017 (“ABILIFY® Class Members”) and/or received injections of ABILIFY MAINTENA® between February 6, 2014 and December 16, 2016 (“ABILIFY MAINTENA® Class Members”) and their family members. The Courts have not made any determination of the merits of the claims. The Defendants have denied, and continue to deny, the allegations against them in the Class Actions.
For the Settlement to become effective, Court approval is necessary. The Courts must be satisfied that the Settlement is fair, reasonable and in the best interests of Class Members. The Approval Hearings have been scheduled to be heard before the Ontario Superior Court of Justice and the Superior Court of Québec on December 20, 2024 and January 8, 2025, respectively.
If you are an ABILIFY MAINTENA® Class Member, you have the right to exclude yourself from the Ontario class action and from the Settlement by delivering an Opt Out form before December 20, 2024 to the Claims Administrator. Opt Out Forms are available at the link below.
If you are an ABILIFY® Class Member, and did not previously opt out of the Québec class action, you may make a request to the Québec Court to opt out of the Settlement by sending a notice to the clerk of the Superior Court of Quebec at 1 Notre-Dame St. East, Montreal, QC, H2Y 1B6, specifying the Court file no. 500-06-000831-160 and attaching a sworn declaration explaining your reasons. If you do not opt out and the Settlement is approved and becomes effective, you will be bound by the Settlement which includes a release of your claims.
The Short-Form and Long-Form Notices are available at the links below:
The Opt-Out Forms are available in both English and French at the links below:
Settlement Approval Orders from the Ontario and Quebec Superior Courts and the signed Settlement Agreement (Schedule “A” to the Order) are below:
Settlement Approval Order – Ontario
Settlement Approval Order – Quebec
If you have questions or concerns, feel free to contact:
- Class Action Claims Administrator, MNP Ltd. Toll-Free at 1 (855) 653-0027
- Class Counsel in the Ontario Action, Rochon Genovaat 1-416-363-1867; 1-800-462-3864; [email protected]
- Class Counsel in the Quebec Action, Consumer Law Group Inc., at 1-888-909-7863; [email protected]
The Abilify And Abilify Maintena National Class Action Is Now Certified
On March 13, 2020, Justice Morgan of the Ontario Superior Court of Justice certified this action as a national class proceeding, and appointed Rochon Genova as class counsel. The action is being advanced on behalf of:
- All persons in Canada, including their estates, who were prescribed and ingested Abilify between July 9, 2009 and February 23, 2017;
- All persons in Canada, including their estates, who were prescribed and used Abilify Maintena between February 6, 2014 and December 16, 2016; and
- All persons in Canada who, by virtue of a personal relationship with a person in Canada who was prescribed and used Abilify or Abilify Maintena as described above, are entitled to assert a derivative claim for damages pursuant to Family Law Act, RSO 1990, c. F.3, as amended or equivalent provincial and territorial legislation.
The action alleges that Abilify and Abilify Maintena cause, contribute to or exacerbate the following compulsive behaviours and impulse control disorders: compulsive gambling, compulsive shopping, hypersexuality and binge eating. These allegations have not yet been proven.
The decision of Justice Morgan is available here. If you would like more information, please contact Jon Sloan at 1-866-881-2292 ext. 2990 or [email protected]
Class Action Launched On Behalf Of Canadian Users Of Abilify And Abilify Maintena
TORONTO, JUNE 7, 2016 – ROCHON | GENOVA has commenced a proposed national class action on behalf of Canadian users of the prescription drugs Abilify and Abilify Maintena.
Abilify is an antipsychotic medication indicated for the treatment of Schizophrenia, Bipolar I Disorder and Major Depressive Disorder. Since its approval in 2009, Abilify has become one of the most widely prescribed antipsychotic drugs in Canada and worldwide, with the number of Canadian prescriptions increasing from approximately 3000 in 2010 to over 1 million in 2013.
Dopamine agonists such as Abilify and Abilify Maintena have been scientifically linked to an increase in compulsive behaviours, including compulsive gambling, binge-eating, compulsive shopping/spending, and hypersexuality. A safety review conducted by the European Medicines Agency established a connection between Abilify use and compulsive gambling, resulting in revisions to the European product labeling in October 2012. No warning was included in the Canadian product monograph for Abilify until November 2, 2015 when Health Canada confirmed the link between the use of Abilify and an increased risk of compulsive gambling and hypersexuality.
The proposed class action, filed with the Ontario Superior Court of Justice, alleges, among other things, that the pharmaceutical companies responsible for manufacturing and marketing Abilify and Abilify Maintena – Bristol-Myers Squibb, Otsuka Pharmaceuticals, and Lundbeck – knew, or ought to have known, that the drugs cause or materially increase the risk of developing compulsive behaviours, yet failed to disclose such risk. The claim alleges that the drug makers’ failure to warn Canadians of these risks resulted in significant harm to the plaintiffs and class members.
Joel Rochon, a partner at ROCHON | GENOVA , stated, “Canadians have a right to be informed about the risks associated with the prescription medication that they use. Failure to provide adequate and timely warnings can have serious consequences. In this case, the plaintiff needlessly lost over $250,000 through compulsive gambling, which ceased immediately after he stopped taking Abilify.”
The claims have not yet been proven in court. For information about the proposed class action please contact Jon Sloan at (416) 363-1867 or 1-866-881-2292.
ROCHON | GENOVA
121 Richmond St. W, Suite 900
Toronto, Ontario M5H 2K1
Telephone: (416) 363-1867 or toll-free: 1-866-881-2292
Website address: www.rochongenova.com