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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?
Paxil has been found to cause severe withdrawal symptoms in a number of people. These symptoms can include dizziness and vertigo which, if left untreated, can lead to the type of spells that caused your wife’s accident. Glaxo-Smith-Kline, the manufacturer of Paxil, was apparently aware of these symptoms but did not specifically warn doctors about them until Paxil had been on the market for nine years. Therefore, you may have a case against the manufacturer of Paxil, depending on when your wife began taking the Paxil.
You may also have a case against your wife’s doctor. If she began taking Paxil after the increased warnings were put into effect, Glaxo-Smith-Kline may argue that it was up to your wife’s doctor to tell her about the severe withdrawal symptoms. If your wife’s doctor did not talk about these symptoms, your wife may be able to successfully sue him or her for malpractice.
Your wife’s doctor may argue that she brought the severe withdrawal symptoms on herself by discontinuing the drug without talking it over with the doctor first or without coming up with an actual withdrawal plan. The severity of the symptoms may have been controlled if your wife’s doctor had been involved, and your wife’s doctor may also have been able to monitor her withdrawal to help her compensate for or overcome any symptoms. Therefore, the fact that she stopped taking the drug without talking to her doctor first may reduce her damage award. How much depends on where your case is located. Your attorney will be able to work with you to develop a strategy to deal with this. |
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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?
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