What defenses are the drug manufacturer and/or my doctor likely to use?
The basic defense that Glaxo-Smith-Kline will probably rely on is that the use of Paxil did not increase the chances of the user’s suicide attempt or commission. You can expect that they will try to use medical records to show that the patient had suicidal or homicidal tendencies before starting on Paxil and then argue that the use of Paxil did not increase these tendencies, but that it was a failure of the overall treatment plan that led to the incident. In the case of severe withdrawal symptoms, Glaxo-Smith-Kline may, depending on when Paxil was first prescribed for you, argue that your doctor improperly prescribed Paxil after being warned about severe withdrawal symptoms.
If the doctor is also a party to the suit, you can expect that the arguments will try to shift all blame to the manufacturer of the drug, stating that Glaxo-Smith-Kline advertised the drug in a misleading way that did not properly advise health professionals of the risks associated with its use. How strong this argument is will depend on the specific facts of your case. Your attorney will be able to advise you.
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