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Friday, September 29, 2017

Dolin Vs GSK: Personal Vendetta or Bigger Picture?



Andrew Bayman - King & Spalding
Source: Google Images

Jury finds for plaintiff.
Defence appeals and asks for new trial.
Judge rejects defense motion for new trial.
The defense now rejects the decision of Judge.

The never-ending saga between the multi-billion dollar pharmaceutical corporation, GlaxoSmithKline, and grieving Chicago widow, Wendy Dolin, has taken yet another twist, one that was anticipated yet it shines a deplorable light on Glaxo and their hired attorneys from Atlanta, King & Spalding.

After losing their case against Dolin (Back story) Glaxo filed motions for a new trial citing amongst many things, that the judge, who led the trial, didn't allow them witnesses, didn't allow evidence to be brought in, didn't instruct the jury correctly. Further, they claimed that Dolin's expert witnesses were wrong and, unbelievably, the jury was too.

Being present at trial I witnessed Glaxo's attorneys, King & Spalding out of Atlanta, GA. They set their stall out early on by blaming everyone but the company they were representing. Stewart Dolin's Dr, Stewart Dolin's state of mind, another pharmaceutical company (Mylan), and the FDA. The laborious, and often quite funny, cross-examination of plaintiff witnesses by King & Spalding's "deadly duo", Andrew Bayman and Todd Davis was, for want of a better word, embarrassing.

Bayman, at times, looked like he was going to blow a gasket whilst the sleek, nae smarmy, Davis all too often blundered - his southern twang often sending the majority of jurors into a comatose state.

So, now, it appears once again that Glaxo doesn't wish to play ball with Dolin, or indeed the judge and jury, who awarded Dolin $3 million, to date she has not seen a penny of this.

Glaxo, via King & Spalding, has now posted a supersedeas bond of $3,037,400 to the court which will delay the $3 million owed to Wendy Dolin. (Nice)

To put this in laypersons terms, Glaxo are now rejecting Judge Hart's decision not to grant them a new trial and, by filing new documents and a supersedeas bond of $3,037,400 they are saying it's a matter of law that Judge Hart made the wrong decision in not permitting them a new trial.

The points they are making with the "new" files (now sent to the Court of Appeal) have already been addressed at trial, the jury heard the points, weren't convinced so returned a verdict against them.

King & Spalding, in particular, Andy Bayman, simply won't accept anything that doesn't fit into their belief system.

Imagine, if you will, the following scenario:

Bayman is like the kid in a classroom of 40 or so pupils who is told the answer to a question was successfully answered by 39 pupils, only one pupil got the answer wrong (him) - but he's having none of it and he's being urged to stand his ground by his parents, even though his parents know he is wrong too. The parents, in this case, being GSK and other pharmaceutical companies counsel.

I say other pharmaceutical companies counsel because the verdict has serious ramifications for other pharmaceutical companies whose patents have expired on their brands of antidepressants too.

King & Spalding are not just representing Glaxo, they are, in essence, representing other major pharmaceutical companies who were all waiting anxiously in the wings for a verdict of no liability in the Dolin case. Either that or Andrew Bayman has some sort of vendetta against Wendy Dolin? It's not often that one woman can take on the might of a pharmaceutical company and beat them. Maybe this is (excuse the pun) too much of a bitter pill to swallow for Bayman and he's taking it all very personally? Maybe he cannot accept that he had his chance and blew it - embarrassing himself in the process and, of course, letting down all of the other interested parties who were probably told the verdict would be favorable.

I find it difficult to accept that Bayman would take things personally. As much as I despise the pre-trial antics of King & Spalding (See here) I can't think for one minute why Bayman would have such a bee in his bonnet, other than the fact that he has let down the whole of the industry by failing to win a case that, presumably, he thought was a slam dunk!

When the verdict came back it opened the floodgates for other possible litigation against the bigger pharmaceutical companies and that, ladies and gentleman, is, more than likely, the real reason why Glaxo have chosen to pay $37,000 over the initial award of $3 million to try and hammer Stewart Dolin's widow into the ground.

Wendy Dolin, via her acclaimed team of Baum, Hedlund, Aristei & Goldman and Rapoport Law Offices, continue to show dignity - There's no shouting from the rooftops, "Give us what you owe us", nor, indeed, any form of gloating that they were successful at trial.

Glaxo now wants to hit the big stage, the 7th Circuit Court, where, once again, the spotlight will be thrown on a condition known as akathisia, a condition that can be induced in some people who take brand named antidepressants and, indeed, generic versions of the said brands.

Glaxo played down this condition during its clinical trials of Paxil, they played down the condition after the clinical trials and they continued to play down the condition during the Dolin trial.

What King & Spalding fail to see is the attention they are drawing to the condition that, for many, is an unknown word. To have the whole subject of akathisia played out on a big stage is a dream come true for advocates such as myself and, I'm sure the same can be said for Wendy Dolin and others left to mourn the loss of their dead children, husbands, and wives.

The Dolin trial was originally played out in Chicago, it drew local media attention once the verdict came through. I'm salivating at the prospect of the media attention akathisia will get once Glaxo takes it to the 7th Circuit Court.

This is one instance where I believe Glaxo, probably through bad legal advice, have shot themselves in the foot.

#TeamDolin


Bob Fiddaman

Back Stories

Coverage of the Dolin Trial

Dolin v GSK - Opening Arguments

Dolin Vs GSK - Day Two - "Jack-In-The-Box"

Dolin vs GSK - Healy 'Rocks Da House'

Dolin Vs GSK - JP Garnier Video Deposition

Dolin Vs GSK - The Dunbar Tape

Dolin Vs GSK - Day 4 - Slam Dunk

Dolin Vs GSK - 8.9 Suicide Increase For Adult Paxil Users

Dolin Vs GSK - Day 6 - Ass Kicking Semantics

Dolin Vs GSK - Day 7 - Abraham Lincoln

Dolin Vs GSK - Day 8 - Get to the Point, Todd!

Dolin Vs GSK - Glenmullen Nails It!

Dolin Vs GSK - "Babes"

Dolin Vs GSK - Wendy's Cross and GSK's Petition

Dolin Vs GSK - Robert "Bling Bling" Gibbons

Dolin Vs GSK: Suicide Prevention Warning "Futile", Claims GSK Exec

Dolin Vs GSK : Jury shown List of the Dead in Paxil Clinical Trials

Dolin Vs GSK: Last Man Standing & The Return of Dr. Healy

Dolin Vs GSK: Closing Arguments

Dolin Vs GSK - The Verdict

Exclusive: Interview With Wendy Dolin


From Chicago to New York - The Legacy of Stewart Dolin

Dolin Wins...Again








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