A B.C. Supreme Court judge has dismissed a $1.2-million lawsuit from a woman who alleged her doctor put her on medication that caused her to gamble and shop excessively.
Justice Michael Stephens said that, for about two months starting in November 2019, Jennifer Purchas took prescription medication Abilify prescribed by her then-psychiatrist Dr. Stephen Ogunremi.
In her lawsuit, Purchas alleged Ogunremi breached his standard of care when prescribing a two-milligram dose of Abilify by failing to warn her of a risk of a potential side effect of compulsive gambling and shopping.
She further alleged Ogunremi breached that standard by not monitoring for that side effect a month later on follow-up when he re-filled her prescription.
Purchas alleged that, as a result of taking the drug, she engaged in extreme and negative compulsive behaviour such as excessive gambling and shopping.
She alleged her life and personal relationships have been negatively impacted, her employment has been adversely affected, and that she has suffered damages.
Purchas claimed the excessive gambling led to significant financial losses and personal injury damages.
She claimed $1.2 million against Ogunremi.
“I accept that she believes that Abilify caused her to engage in compulsive gambling and shopping and blames the defendant for how this negatively affected her life,” Stephens said in his July 4 decision.
The judge noted evidence that Health Canada on Nov. 2, 2015 published an information update entitled, “Safety information for antipsychotic drug Abilify and risk of certain impulse-control behaviours.” It said: “Labels for the prescription antipsychotic drugs Abilify and Abilify Maintena (aripiprazole) have been updated to advise of an increased risk of impulsive behaviours of pathological gambling and hypersexuality.”
He further noted Purchas had experienced pre-existing mental health challenges, and difficulties associated with the use of opioids, at the time she was prescribed Abilify.
“She struggled with depression and anxiety most of her teenage life,” Stephens said. “She testified that in her adult life she was able to control it with medication which did not cause her issues on a regular basis. Though on cross examination she acknowledged that she struggled with mental health most of her life.”
However, Stephens found Purchas had not demonstrated Ogunremi breached the standard of care, and that the link between the drug and gambling and shopping had not been proven.
Stephens said Purchas testified that from the years 2014 to 2019 she would gamble a little bit and not alone.
The judge said she told another doctor she “never spent more than $100 at a sitting before,” prior to taking Abilify.
Banking records showed casino withdrawals prior to taking the drug at between $100 and $600, according to the ruling.
The doctor testified he told Purchas the Abilify medication was effective. He said he told her of side effects of headache, anxiety and restlessness; and said that very rarely it can cause compulsive disorder.
“He testified he did not discuss compulsive gambling, or a risk of gambling,” the judge said. “He testified that his understanding was that there was not a strong association between gambling and Abilify, and if a patient has an established gambling disorder it might come up, but not in this case. He did not inquire as to her gambling history.”
Purchas testified she would gamble by herself, playing slot machines. She said she would spend ten or twenty thousand dollars.
“She testified she would sneak away from her family and lie to her family about it,” Stephens wrote.
Purchas also testified about an obsessive urge to shop.
“She would buy 10 pairs of the same shoes with slightly different colours, and bought multiple high-end bags and purses,” Stephens said. “She testified at one time, she had 25 Louis Vuitton bags. She testified she had never shopped like that before.”
Purchas said had she known of the other possible side effect, she would have ceased taking the drug.
Soon, she had herself banned form B.C. casinos.
“She testified that the defendant told her that Abilify caused her behaviour. The defendant told her there was a class-action lawsuit against the manufacturer of Abilify. He testified in this regard that he felt his role was to be supportive, and displace the shame she felt, and validate her,” Stephens said.
Purchas testified that Ogunremi said she should explore a lawsuit against the manufacturer of Abilify. Ogunremi denied that in his evidence.
In the end, Stephens found Ogunremi followed a standard professional practice of not mentioning a risk of compulsive gambling when prescribing the plaintiff the low two-milligram dose of Abilify in the circumstances. He said the practice itself was not negligent.
“I also find that the plaintiff has not demonstrated that it is more likely than not that Abilify was the cause of her increased gambling and shopping activity in any event,” the judge said.
“Accordingly, the action should be dismissed.”
