When someone dies as a direct result of a product purchased and ingested, one would expect those that manufactured the said product to be apologetic, nae mortified that they didn't see it coming. That is unless you belong to the circles of British pharmaceutical giant GlaxoSmithKline.
Last month I wrote about the suicide case against GSK currently ongoing in the US. [1]
Wendy Dolin filed suit against Paxil makers GSK after her husband, Stewart, took his own life just 6 days after taking Paxil [paroxetine]
GSK argued that they never had a case to answer because Dolin wasn't taking their brand of paroxetine, he was taking a generic brand manufactured by Mylan.
A ruling earlier this year by Judge James B. Zagel allowed the suit to proceed on the grounds that GSK owed a duty to Dolin. GSK should have expected generics manufacturers, like Mylan, would make paroxetine once the Paxil patent expired, and, according to the ruling, GSK knew the companies would have to follow its label for the drug.
GSK's defence lawyers then subpoenaed Wendy Dolin's cellphone and text message records, her home phone and her late husband's company phone. GSK has so far sent more than 30 subpoenas and over 70 records requests, and shown the Dolin children Stewart Dolin's confidential therapy notes despite Wendy Dolin's objections.
Yesterday GSK defended their corner in requesting Dolin's phone records. They argued that they only sought those records to get a "fuller picture" about his mental health before his suicide.
Wendy Dolin had claimed that taking paroxetine had caused her husband to develop akathisia, a condition that causes psychological agitation.
GSK claim that Stewart Dolin's phone records may shed light on why he killed himself.
They already have something in their vaults that will shed light, namely paroxetine.
Watching this unfold is both comedic and tragic. Comedic because we all know what the outcome is going to be. A trial, a u-turn, a settlement...with a gagging order. Tragic because a grieving wife is being put through the mill by GlaxoSmithKline and their highly paid law team because they will defend their corner until every trick in the book has been used to defend Paxil. It's also a show of rabid fangs by GSK, they want to show others just how they will be treated if they dare try and come up against their mighty power.
Wendy Dolin is essentially being raped by GSK and their lawyers, that's my opinion.
Only time will tell if they get their way or if they dare to go the whole hog and defend the suicide drug Paxil.
Wendy Dolin is represented by Bijan Esfandiari, Michael L. Baum, Frances M. Phares and R. Brent Wisner of Baum Hedlund Aristei & Goldman PC, and Joshua Weisberg and Lindsey Epstein of Rapoport Law Offices PC.
GSK is represented by Alan S. Gilbert and Melissa A. Economy of Dentons, and Andrew T. Bayman, Todd P. Davis and Christopher R. Benson of King & Spalding LLP. Mylan is represented by Robert E. Haley of Swanson Martin & Bell LLP and Clem C. Trischler and Jason M. Reefer of Pietragallo Gordon Alfano Bosick & Raspanti LLP.
Bob Fiddaman.
[1] GSK Sink to New Level in Paxil Suicide Litigation
No comments: