|
|
|
|
What are the major legal issues involved in a case when someone has been injured by Paxil?
Your case, whether a wrongful death or a personal injury case, will most likely be brought under the theory of product liability – in other words, the manufacturer of the drug put the drug on the market and kept the drug on the market even though it was unreasonably dangerous. Glaxo-Smith-Kline was aware of the serious side effects associated with withdrawal from Paxil; however, they chose to downplay those side effects until the FDA forced them to increase the label warnings in 2001. Furthermore, Paxil was never approved for use in children; nonetheless, Glaxo-Smith-Kline promoted using Paxil for treating depression in children to the doctors who were prescribing it. It now appears that not only does Paxil not have any noticeable effect on depression in children; it increases any suicidal tendencies that the child may have. Whether Glaxo-Smith-Kline realized that the drug acted this way on children or was careless in suggesting that Paxil could be successfully used in children, the fact remains that the company promoted the drug’s use by children knowing full well that this use had not received FDA approval.
Another issue that you and your attorney will deal with is who can be sued. It appears that Glaxo-Smith-Kline was well aware of the difficulty of withdrawing from Paxil while continuing to market the drug as non-habit forming. Furthermore, Glaxo-Smith-Kline knew that the drug had not been approved for use in children and that there appeared to be an increase in suicidal and homicidal tendencies in both children and adults. These problems were not adequately covered by warnings for many years, and Glaxo-Smith-Kline actually marketed the drug in defiance of these issues. Therefore, the primary party to your lawsuit will probably be Glaxo-Smith-Kline, the manufacturer of Paxil.
Another possible party to a lawsuit may be the doctor who prescribed the Paxil. Even if Paxil was being promoted as an anti-depressant to be used by children, the FDA had not approved this use, a fact of which doctors should have been aware. If your doctor prescribed your use of Paxil after 2001 and did not adequately warn you about the problems with withdrawal symptoms, you may also have a claim against him or her. In 2001, the FDA required the manufacturer of Paxil to increase the label warnings about withdrawal symptoms, thereby putting your doctor on notice that there might be problems if you needed to stop using the drug.
Other possible plaintiffs may include the pharmaceutical sales representatives who worked with your clinic or the pharmacist who filled the prescription. To sustain a claim against the sales rep, you would need to show that the sales rep either shielded doctors from information about Paxil or provided some type of incentive that was sufficient to persuade doctors to prescribe Paxil in cases where they should not have done so (such as by prescribing it for children). This information would probably be available from your doctor or clinic, but it is highly unlikely they would share this information with you. A case may be brought against the pharmacist if he or she did not properly warn you of the side effects of taking or withdrawing from the drug; however, the pharmacist’s defense is going to be that it was the duty of the doctor to determine whether it was appropriate to prescribe the drug in the first place. Therefore, these are not the strongest parties to go after in a lawsuit. |
|
|
Free Case Evaluation From An Experienced Drug Liability Attorney.
Personal Injury Attorneys
Personal Injury Law Forum |
Paxil Overview: Paxil Side Effects and Claims
Paxil Side Effects – Suicide, Birth Defects & Death from Coronary Artery Disease
Drug Warnings: Paxil Side Effects and Risks
Paxil Information and Warnings
Paxil Lawsuits, Litigation & Lawyers – What You Should Know
Hiring A Paxil Attorney and Lawyer – How to Hire
Was Paxil approved by FDA? Why was it prescribed? What are the adverse side effects of taking Paxil?
What is the statute of limitations in a case alleging suicidal tendencies or severe withdrawal symptoms caused by Paxil?
It seems like common knowledge that Paxil causes increased suicidal tendencies and that some people can’t stop taking it due to the side effects of withdrawal. Why should I go to an attorney when it seems that I should be able to negotiate a settlement with the company on my own? Or would there be a benefit to joining a class action in my case?
Are there any special considerations in a case involving Paxil?
What are the major legal issues involved in a case when someone has been injured by Paxil?
What defenses are the drug manufacturer and/or my doctor likely to use?
What types of damages are available in a case involving an injury caused by Paxil?
My child’s doctor prescribed Paxil for her to treat her depression. She attempted suicide and, while she survived, she suffered significant brain damage. We believe her use of Paxil led to her suicide attempt. How do we prove this?
My wife had Paxil prescribed for her but decided to quit taking it without talking to her doctor. She suffered terrible withdrawal symptoms, including intense dizziness and vertigo which caused her to fall down a flight of stairs and seriously injure herself. How can we prove that the drug caused her dizzy spells? Will our damages be reduced because she decided on her own to stop taking the drug?
Judge Rules GlaxoSmithKline Cannot Claim Preemption in Paxil Case
When Did Makers Of Paxil Know About Risk Of Suicide In Kids?
Paxil Investigation Increases in Scope
Indiana Judge Rules Preemption Not a Factor in Paxil Case
|
|
|
|
|
|
State Law Center | Legal Links | Site Map | Privacy Policy | Media | About Us | Contact Us