PRINCETON – A Virginia couple has filed a suit against two pharmaceutical companies over allegations that the husband was injured by prescription drug Abilify.

Donald W. Proffitt Jr. and Pamela Proffitt filed a complaint Oct. 17 in Mercer Circuit Court against Bristol-Myers Squibb Co. and Otsuka America Pharmaceutical Inc. alleging negligent failure to warn and other counts.

According to the complaint, the plaintiffs allege that in 2015, Donald W. Proffitt Jr., was diagnosed with tardive dyskinesia that was associated with the use of defendants' Abilify that was prescribed to him. 

The plaintiffs holds Bristol-Myers Squibb Co. and Otsuka America Pharmaceutical Inc. responsible because the defendants allegedly failed warn regarding the foreseeable risk of development of tardive dyskenesia from taking Abilify.

The plaintiffs request a trial by jury and seek compensatory damages, interest, court costs and any further relief the court grants. They are represented by C. William Davis of Richardson & Davis in Bluefield, West Virginia and James W. Dudley of The Dudley Law Firm in Bluefield, Virginia. The case has been assigned to Circuit Judge Derek Swope.

Mercer Circuit Court case number 17-C-378-DS

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