The basic defense that Pfizer will probably rely on is that the use of Zoloft did not increase the chances of the user’s suicide attempt or commission. Since someone who had Zoloft prescribed for him or her would have had a mood disorder or other mental illness already, you can expect that Pfizer will try to use medical records to show that the patient had suicidal or homicidal tendencies before starting on Zoloft. Pfizer will then argue that the use of Zoloft did not increase these tendencies, but that it was a failure of the overall treatment plan that led to the incident. Pfizer will probably point to its own, internal studies to bolster its argument; however, remember that those studies have, for the most part, been found to be based on faulty analysis of the data.

If the doctor is also a party to the suit, you can expect that his attorney’s arguments will try to shift all blame to the Pfizer, stating that Pfizer did not adequately warn of the risk of increased suicidal behavior and that health professionals were, therefore, not properly advised of the risks associated with Zoloft’s use. The doctor may also try to show that the patient’s suicide or suicide attempt would have happened whether or not he or she was taking Zoloft because the patient was so mentally ill that the medication could not help him or her. How strong these arguments are will depend on the specific facts of your case. Your attorney will be able to properly advise you.

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