BC Supreme Court Rules in Favour of Big Pharma in 9 million dollar Lawsuit - Casino Fan

The estate of a prominent Vancouver investment broker who passed away in 2018, filed a lawsuit against pharmaceutical company Bristol Myers Squibbs in February of 2019.

The Supreme Court of British Columbia has ruled in favour of the pharmaceutical giant Bristol Myers Squibb in a nearly 9 million dollar lawsuit.

The estate of Sameh Magid, a prominent Vancouver investment broker who passed away in 2018, filed a lawsuit against pharmaceutical company Bristol Myers Squibbs in February of 2019. The lawsuit alleged that the drug Abilify caused Mr. Magid to develop compulsive gambling behaviours and that the company failed to provide a proper warning against the side effects of Abilify, which include compulsive gambling.

Abilify is an anti-depressant used to treat various psychological disorders, such as Schizophrenia and Bipolar disorder. According to the lawsuit, Mr. Magid was prescribed Abilify from 2010 until he died at age 52 in February of 2018.

In February of 2020, Bristol Myers' defense filed an application asking the court to dismiss the case citing that the estate didn't file the lawsuit within the two-year filing limit. Noting that the alleged compulsive behavior in question occurred in September of 2014 when Magid opened large credit lines with Mandalay Bay Casino in Las Vegas to the tune of 8.38 Million dollars (U.S.)—roughly five to seven years before Magid's estate filed suit.

In November of 2020, the court denied the Bristol Myers application to dismiss the case because the estate proved that Bristol Myers didn't add adequate warning labels to the drug until August of 2016. The estate argued Mr. Magid wouldn't have seen the new warning label until March of 2017 when he got his prescription refilled. This timeline proved that Mr. Magid's estate was within timely filing limits for the suit, and it looked as if the case would proceed to trial.

But the Magid estate victory was short-lived. In January of 2021, the defense for Bristol Myers filed another application, this time stating that British Columbia was not the proper jurisdiction to dispute the matter because Mr. Magid had been living in California when he incurred the large gambling debt. He also had never had his Abilify prescription filled in British Columbia, according to the defense.

In March of 2020, the court ruled in favour of Bristol Myers, stating that because Mr. Magid had been a California resident and incurred the debt in Las Vegas, this was not a matter to be heard in the Supreme Court of British Columbia. They advised that it would be more efficient if the case were heard in the California Court system.

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