Generic Paxil Suicide Lawsuit

Citizens Commission on Human Rights Award Recipient (Twice)
Humanist, humorist

Tuesday, April 28, 2015

GSK Use Delay Tactics on Grieving Widow

Doncha just love this company?

Fined $3 billion for committing fraud in the USA, basically promoting drugs to physicians for uses in patients that should never have been prescribed those drugs in the first place.

Fined $490 million in China for bribing doctors to prescribe drugs to patients that should never have been prescribed those drugs in the first place.

Had lawyers representing them (when there really was no need to) at the inquest of 18 year-old Sara Carlin, who took her own life whilst on Paxil.

Ordered to pay compensation to the family of Lyam Kilker after a jury found that Paxil was the cause of his birth defects.

Ordered to pay compensation to the family of Donald Schell, a 60 year old man, living in Gillette, Wyoming, after a jury had found that Paxil had induced Schell's hypomania to such an extent that he killed his wife Rita, his daughter Deb and baby Alyssa and then turned the gun on himself.

Initially refused to pay Joanne Thomas, a mother from Pennsylvania, any form of compensation after she accused GSK of manufacturing a pill (Paxil) that caused birth defects in her fetus (Ryan) - they later went on to settle (Undisclosed fee) after Joanne's attorneys 'renegotiated' after two stories that broke exclusively on this blog (here and here)

Agree to pay over 800 birth defect cases where Paxil was blamed for causing a multitude of birth defects in babies and fetuses.

Agree to settle with over 3,000 claimants in the US who filed a class action lawsuit claiming that they became addicted to Paxil (source) yet refuse to settle a similar 'class action' case in the UK.

One would think that all of the above would be a major embarrassment for the British pharmaceutical giant and their American attorneys, King & Spalding. Think again.

Stewart Dolin killed himself in 2010 by jumping in front of a train in Chicago. His wife, Wendy, filed suit alleging that Paxil had caused her husband to develop akathisia, a condition that causes psychological agitation.

GSK argued that Dolin was taking the generic version of Paxil marketed and manufactured by Mylan, ergo they were not responsible for the drug inducing suicide. However, a  U.S. District Judge told Mylan that they would not have to face any trial but said Glaxo was responsible for the generic drug's design and warning label and would have to face negligence claims.

Bitter, Glaxo then went on to subpoena Wendy Dolin's cellphone and text message records, her home phone and her late husband's company phone. So far, GSK have sent more than 30 subpoenas and over 70 records requests, and shown the Dolin children their father's confidential therapy notes despite Wendy Dolin's objections. According to Wendy Dolin's motion GSK have also questioned her about romantic life since her husband's death. Quite why they have questioned her about her life after her husband's death is beyond me. It does, however, show how low GSK, and their multi-million dollar law firm that represent them, will stoop to defend yet another Paxil suicide.

If all this wasn't enough, GSK have now, it appears, twisted the knife further into the stomach of Wendy Dolin by attempting to push the trial’s start date into 2016.

Law 360 (Subscription) are reporting that GSK's attorneys, King & Spalding, have told an Illinois federal judge that they don't have time to prepare, this, despite the case being filed over four years ago. King & Spalding are claiming that they are working on two other cases and don't have time to prepare themselves for the Dolin case.

I can't quite get to grips with GSK's apparent disdain for Wendy Dolin nor the lack of respect they are clearly not showing regarding the memory of Stewart Dolin.

I've gone on record many times stating that I do not like GSK or their attorneys, King & Spalding. I do not like the way they operate nor do I like what they each try to suppress regarding items of discovery (You really do need to read the Joanne Thomas articles to see exactly what they try to suppress)

As for GSK trying to blame Mylan, well, that doesn't really surprise me. Mylan sold Paxil under a generic name and Glaxo conveniently forgot to tell them about warning potential patients that Paxil may cause suicide. It's akin to a car salesperson selling you a car and failing to mention that the brakes don't work!

A pretty decent analogy given that earlier this year it was revealed that General Motors Co.'s emails with King & Spalding LLP and other outside counsel show the automaker engaged in a "massive cover-up" to hide its deadly ignition switch defect. (Source)

Wendy Dolin is represented by Michael L. Baum, Bijan Esfandiari, 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.

Bob Fiddaman.

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