Zantac Lawsuit


Researching drug company and regulatory malfeasance for over 16 years
Humanist, humorist
Showing posts with label DAVID HEALY. Show all posts
Showing posts with label DAVID HEALY. Show all posts

Monday, June 01, 2020

Children of the Cure: Who Cares?




I've just finished reading 'Children of the Cure', a book by David Healy, Joanna Le Noury and Julie Wood. 

Although being familiar with much of the content (Paxil Study 329) I did learn quite a lot - the history of antidepressants for one - the jumping through hoops games the BMJ, seemingly, like to play was another.

Many researchers like to revisit clinical trials (studies) and play around with the published findings, these researchers often dispute the original claims. This is all well and good but after reading Children of the Cure I have to ask myself, why bother?

In a nutshell, any available published studies, be they online or in print, are just a snapshot of what really occurred during clinical trials, this snapshot is often spun in such a way that can leave the readers, be they healthcare professionals or members of the public, thinking that something is safe and effective when in actual fact it's the complete opposite. Articles published in prestigious academic journals almost always add weight to the apparent positive outcomes of such trials, these articles are, in turn, used to convince those who are unsure about the safety and efficacy of a drug, namely prescribing doctors and psychiatrists. Such articles boast names of leading figures in particular fields, again this adds weight and is designed to convince journal editors and panel members and also prescribers that everything is hunky dory. It's the first step in dogmatism. It's carefully crafted and intended to plant a seed so deep that when later queried those who have been convinced will either ignore fresh claims, shrug their shoulders or, as in the case of Study 329, forget it ever happened.

RIAT

In 2015, the BMJ published 'Restoring Study 329: efficacy and harms of paroxetine and imipramine in treatment of major depression in adolescence' which was pieced together after a bunch of researchers managed to get access to raw-data from a host of trial centres across North America. The raw-data had never been seen before, in fact the only time raw-data is seen is when trial lawyers request it in discovery - even then, most of the data is redacted (Blacked out)

The RIAT team, which is an acronym of 'restoring invisible and abandoned trials', painstakingly went through data after it was agreed by GSK to grant the team access via an online portal. All seemed fine until the team, consisting of Joanna Le Noury, research psychologist, John M Nardo, retired clinical assistant professor,  David Healy, professor, Jon Jureidini, clinical professor, Melissa Raven, postdoctoral fellow, Catalin Tufanaru, research associate, and  Elia Abi-Jaoude, staff psychiatrist, learned that it was a technological system that was designed to hinder their process, nae progress.

Nevertheless, the team persevered and found discrepancies that involved GSK downplaying suicide events that occurred in the Paxil arm of the clinical trials. One has to keep reminding oneself that these trials were carried out on adolescent children whom GSK were desperately trying to get a licence to 'treat' for their blockbuster antidepressant Paxil, also known by other brand names such as Seroxat, and Aropax to name but a few.

Believe it or not, this wasn't the hardest hurdle the researchers had to jump, that came much later when they submitted their findings to the BMJ. The hoop-jumping game BMJ set out would have left even the most flexible of people tied in knots.

The BMJ 'game' is new to me. I was of the opinion that the RIAT team presented their findings and it pretty much went to print. Reading Children of the Cure will leave you flabbergasted at the lengths the BMJ went to, it appears, to frustrate the team.

It's akin to when one makes an insurance claim. It's standard practice to refuse a claimant in the hope that they will go away, if they don't, well, just throw more paperwork at them and the majority will give up pursuing a claim. The BMJ are no different than these types of insurance companies. There is also the fear factor. One should be ready and willing to publish evidence that points to fraud, especially when that fraud puts adolescents at risk - my understanding, upon reading the book, is that the BMJ constantly bottled it, they thought more about repercussions to their name rather than protecting a vulnerable population.

IT DOESN'T MATTER ANYMORE - IT HAPPENED IN THE PAST

I've often heard this phrase used whenever 329 is mentioned. 'It came at a time when there were bad eggs operating GSK', another, 'it's all part of how a business is run', the most callous of all being, 'Ok, let's move forward now.' These well-worn phrases might all be well and good if, for example, SSRIs were completely banned for use in children and adolescents, I'm of the opinion that they should be.

But wait, aren't they banned, what about the recommendations? Well, recommending something is not set in stone, just as I recommend you buying this book doesn't mean that you are going to. Children and adolescents are still prescribed SSRIs, not so much Paxil these days because of the bad rap it's had over the years, a large chunk of credit for this must go to BBC journalist, Shelley Jofre who is mentioned throughout Children of the Cure. Shelley's four Panorama investigations basically opened a can of worms, all four shows highlighted how PR firms who specialise in ghostwriting (turning something so bad into something quite wonderful). The four Panorama specials also showed the complete mess that is the MHRA, a British drug regulator who, just like the BMJ are afraid to say boo to a goose for fear of reprisals.

Those that added their names to the now infamous 'Efficacy of Paroxetine in the Treatment of Adolescent Major Depression: A Randomized, Controlled Trial' should hang their heads in shame, as should the Journal of the American Academy of Child and Adolescent Psychiatry (JAACAP)

The FDA and MHRA should also hang their heads in shame, as should Sally K. Laden, the gifted miracle worker who turned shit into gold. ALLTRIALS for practically taking one up the back passage from GSK and allowing them to select what can and can't be seen by future researchers. Prescribers who haven't bothered to look into or request raw-data from drug companies should also take a long, hard look at themselves.

We, in general, should all take a look at ourselves and ask what are we doing about this notorious spin - is it just a piece of history that we all know about but tend to think, pah, it's old news?

History has habit of repeating itself, particularly when apathy is present. Remember, ketamine is the new miracle drug on the market and is receiving many accolades from high profile psychiatrists just as Paxil was by The Marty Keller clan. Keller is an insidious man - the lengths he went to to lose Healy his dream job at the University of Toronto shows how far he was willing to go to keep his sordid (well-paid) secret under wraps.

Children of the Cure by David Healy, Joanna Le Noury, and Julie Wood is published by Samizdat Health Writer's Co-operative Inc. and can be purchased on Amazon US here and Amazon UK here.


Bob Fiddaman















Wednesday, May 30, 2018

Seventh Circuit Court of Appeals



Wendy Dolin
Seventh Circuit Court of Appeals
Chicago


Earlier today the Seventh Circuit Court of Appeals heard a plea from GSK with regard to reasons why they don't feel they should pay a $3million fine handed down to them last year. (Verdict)

It's quite a beautiful piece of audio I'm about to offer you. Yes, there's a lot of legal talk about preemptions and such forth, but the main feast is pretty much delivered without the starters.

GlaxoSmithKline was, today, represented by their counsel,  Lisa Blatt. Wendy Dolin was represented by Brent Wisner of Baum, Hedlund, Aristei & Goldman, PC

The three Justices were David Hamilton, Diane Wood (Chief Judge) and Diane Sykes.

You'll note from the get-go how Diane Wood flusters GSK's counsel. It's a gripping 54 minutes, folks!




If you're having difficulty with the player then you can download the mp3 direct here.

Bob Fiddaman




Thursday, March 22, 2018

GSK's Nutcracker Dilemma





nutcracker
A tough woman who, when provoked, will literally crack your nuts. - Urban Dictionary (5)


GSK has been delivered a swift kick in the gonads regarding the Dolin Vs GlaxoSmithKline appeal process.

The company was held liable in April 2017 when a jury found it responsible for the labeling on their Paxil product as well as generic equivalents.

Ever since then GSK, via their hired attorneys, King & Spalding, has been crying like big babies. Motions have been filed whereby they blame the jury. Motions have been filed whereby the blame the Judge too.

In fact, since this case first came to light GSK have blamed everyone but themselves, including the victim, Stewart Dolin, his doctor, and even the FDA!

Now they have someone else to blame, namely the States of California and Massachusetts.

In a decision released last Friday in Rafferty v. Merck, case number SJC-12347, the Massachusetts Supreme Judicial Court ruled that brand-name drug makers can be sued for recklessness if they intentionally fail to update warning labels for their products that makers of generic versions must also adopt. Rafferty had alleged that he suffered from side effects, including sexual dysfunction, after taking the generic version of Merck’s Proscar. Rafferty's case against Merck was previously thrown out but the ruling was reversed last week, allowing Rafferty to sue Merck for recklessness rather than negligence.

Recklessness basically means the claimant has to show that a drug maker intentionally failed to update its warning label despite knowing the risks. This was already proven in the original Dolin Vs GSK case; hence the jury reached a decision that found GSK liable. The jury found for Dolin and awarded her $3 million. However, she has not seen a penny as GSK has filed motion after motion in efforts to avoid paying and have the judgment overturned. Now the recent Massachusetts decision means GSK will have to rethink their strategy, possibly by blaming Wendy Dolin's next door neighbor's cat!

Back in December 2017,  the California Supreme Court also ruled that brand-name drug makers can be sued for failing to warn users about the risks of generic versions of their drugs.

It's not looking good for GSK as their appeal to the Seventh Circuit to overturn the Dolin verdict seems dead on arrival. Today's news is great for Dolin's attorneys, Baum Hedlund, who are now also looking to help consumers who have attempted suicide whilst taking paroxetine manufactured by Apotex.

Back stories of how the Dolin trial unfolded below.


Bob Fiddaman

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

Dolin Vs GSK: Personal Vendetta or Bigger Picture?


GSK's Attorney Labels His Failure An "Accomplishment"

Generic Paxil Lawsuits Filed




Monday, December 18, 2017

GSK's Attorney Labels His Failure An "Accomplishment"



King & Spalding's top asshat asset, Andrew Bayman (above), was featured last week in a special interview on the legal-based website Law360. His interview, as you would imagine, is seen as a massive PR exercise for the firm he works for and also the firm he represents in litigation, GlaxoSmithKline.

Bayman, along with his co-defender Todd Davis, were in action earlier this year in the Dolin Vs GlaxoSmithKline trial in Chicago, a trial which saw them roundly trounced by the legal team of Baum, Hedlund, Aristei & Goldman, PC and Rapoport Law Offices, P.C.

In his summation to the jury Bayman uttered the immortal words, "Don’t you think if these medicines caused suicide someone would have spoken up?"

Hmm, the jury returned a verdict against the company he was representing yet, according to his interview with Law360, he sees this as a personal victory.

Law360 put Bayman in the spotlight by claiming, "King & Spalding LLP's Andrew Bayman helped limit GlaxoSmithKline's damages to $3 million in a closely watched federal trial over the company's liability for the suicide of a Reed Smith LLP partner who used a generic version of Paxil, landing him among Law360's 2017 Product Liability MVPs."

Law360 asked Bayman what he thought his biggest accomplishment was this year. He cites the Dolin trial as his biggest 'accomplishment.'
"We knew it was a very challenging case. We knew there was a risk of a really big verdict, given his earnings and his age," he said. "The company felt so strongly about its legal position that it said we're going to try this case, knowing that there was a huge risk of a very large verdict."
Hang on a minute, didn't Bayman lose the case?

Why is he singing from the rafters about such failure? Why is that failure his own biggest accomplishment this year? He must lead an unaccomplished life considering he defines his Dolin Vs GlaxoSmithKline failure as a success.

On the pharmaceutical industry, Bayman believes that big pharma "have created medicines that have changed people's lives."

He's right. Just ask Wendy Dolin how her life has changed after her husband took paroxetine. Ask her kids and Stewart's friends how much their lives have changed, too.

Bayman continued by praising the efforts of the pharmaceutical industry.

"In the past", he said,"before they had these drugs, people were not able to get out of bed and lead normal lives." 

During the trial of Dolin Vs GlaxoSmithKline, Bayman was jumping up and down like a jack-in-the-box, almost objecting to everything the plaintiff team wanted to tell or show the jury. Bayman didn't, it seemed, like any visuals, none more so than the following that was shown to the jury.



The above visual showed the jury how 22 adults had died during paroxetine clinical trials, all but two had died by suicide, all of whom were taking GlaxoSmithKline's Paxil at the time of their death. So, Mr. Bayman, there are 22 people here who can't get out of bed and lead normal lives, 20 of them killed themselves after ingesting Paxil, a drug that certainly did change the course of their lives.

Bayman told Law360"I don't have any engineering background. I don't have any chemistry background," he said. "That in some ways has been an advantage, because I tell my experts, if you can't explain this to me, we're not going to be able to explain it to a jury who doesn't have a technical background."

So, the defense experts at the Dolin trial didn't explain their points to the jury correctly then? Or perhaps those experts weren't managed well by Bayman and co?

On giving advice to young product liability attorneys, Bayman told Law360, "There are different issues that you see in product liability litigation, and someone who has deep expertise can be particularly valuable." 

Nice of him to pay homage to Brent Wisner of Baum, Hedlund, Aristei & Goldman, PC.

The Law360 article is here.

Bayman's biggest accomplishment this year can be seen in the links below.

Bob Fiddaman


Coverage of Bayman's biggest accomplishment

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

Dolin Vs GSK: Personal Vendetta or Bigger Picture?




Thursday, August 03, 2017

GSK Blame Stewart Dolin in Move for New Trial




One would have thought the case filed against GSK by Wendy Dolin was done and dusted. However, GSK has been adamant that the verdict handed down by the jury in Chicago last April is wrong. (Boo hoo)



Cry Me A River

GSK continues to cry its river of DeNile after being found responsible for Stewart Dolin's Paxil-induced death. Together with its King & Spalding lawyers, GSK now claims:

1)  U.S. District Judge William T. Hart did not properly instruct the jury

2) Dolin's doctor did not properly warn his patient that GSK's product increases suicidality and suicide

3) Ergo, when Dolin started suffering from Paxil-induced akathisia and psychosis, he should have noticed these adverse drug reactions (ADRs) before dying.

To most people, GSKs claims are ridiculous. But for GSK and other pharmaceutical companies, such outlandish claims are just business as usual.

GSK is essentially saying, "Yes, our drug and any generic version of it, has a propensity to cause someone to kill themselves. But we refute any responsibility because, together with the FDA, we wrote a vague warning about these risks. Further, doctors who prescribe our drug should communicate these risks to patients. Then, it is up to Paxil consumers to "choose" whether or not they want to kill themselves when suffering from Paxil-induced akathisia."

GSKs' claims are similar to ones they repeated for six-weeks during the Dolin vs. GSK trial. GSK blamed Stewart Dolin's death on his supposed "illness." GSK blamed Dolin's death on the doctor who prescribed their product. GSK blamed Dolin's death on the FDA. Now, GSK is blaming the judge for the jury's guilty verdict against GSK.

Don't Ya Just Love 'Em?

The jury ruled against GSK because the lackluster King & Spalding legal team couldn't defend the indefensible. Mounds of evidence piled up exposing GSKs greed and guilt. (The jury was likely also shocked to hear about the pile of bodies GSK tried to conceal--those innocent volunteers who died during Paxil's clinical trials.)

Not only did the jury find GSK responsible for Dolin's death; they also found GSK responsible for Dolin's pain and suffering. Therefore, they made two separate monetary awards.

GSK doesn't want to pay nor admit guilt. They are calling for a new trial and repeating their tactic of blaming everyone else for the ADRs their product causes. GSK states:

-  Its hands were tied because supposedly drug regulators would not allow GSK to use the specific warning language it wanted

- The jury instructions didn't entirely separate/7' different elements necessary for liability

- The doctor's testimony shows he was aware of the risk when prescribing paroxetine.

GSK's lackluster defense saw the jury rule in favor of Wendy Dolin and award her $2 million for wrongful death and $1 million for pain and suffering in the days before he took his life. She has yet to see a dime of that award because GSK are crying this river of denial. (De Nile)

Wendy Dolin, via her legal team, Baum Hedlund and Rapoport Law Offices PC, said Stewart's doctor testified that when he decided to prescribe the drug, he relied on the 2010 Paxil label. This Paxil label didn’t warn that Paxil could lead to suicidality in adults over age 24.  Furthermore, GSK failed to alert drug regulators that research showed an increased suicide risk among adults who take Paxil.

In 2007, GSK was invited by the FDA to discuss the inclusion of label language specific to adult suicidality. GSK then failed to meet with the FDA about this labeling issue. GSK did, however, have a duty to warn consumers even if the FDA decided not to. A 2006 video deposition played at trial shows GSK's former head, JP Garnier.

"You can change your label without even getting approval from the FDA, there's a law that allows you to do that, correct?"

Garnier answered, "Yes, but in practice, you don't want to do that."

He was then pressed, "Okay. But you can do it if you want, the law allows that to occur?"

Garnier replied, "Yes, but you do want the FDA to agree with the changes you are going to propose because they have the power to correct what you just said the day before. You know, let's say we decide to inform physicians of some new event affecting our drug, well, the next day the FDA might come back and say, well, we didn't like the way you did this, you have to redo it. So it's considerably disrupting, that's why most companies go through the FDA first, in practice, but you are right, there is a legal right for us to go directly to the public."

So, even Glaxo's own head was agreeing that GSK could have by-passed the FDA if it wanted to. The key phrase here is from Garnier's own mouth, "...there is a legal right for us to go directly to the public."

During the trial, it was revealed that there were 20 adult suicides in paroxetine clinical trials. Supposedly, there were no completed suicides in the paroxetine pediatric trials. (I say "supposedly" because one can never be certain if drug companies and regulators are telling the whole truth.) The clinical trial deaths beg the question: Why would GSK go to great lengths to confuse prescribing doctors with the warning about suicidality for patients under the age of 24?

GSK: A Forked-Tongue Monster 

Seeing GSK in court conjured up images of a forked-tongue monster speaking from both sides of its mouth. On opening day of the Dolin vs GSK trial, GSK's attorneys told jurors Paxil does not cause suicide.

Later, GSK lawyers claimed the company did everything in its power to show Stewart's doctor that Paxil increases the risk of suicidal thoughts and suicidal action among anyone who consumes it.

I'm reminded of a scene from the brilliant Fawlty Towers. Basil (John Cleese) returns to his hotel to discover that the building renovations haven't quite gone according to plan. We see "fault" here being passed around from pillar to post. Basil's reaction is priceless.

I suspect if Stewart Dolin was alive today, this would be his response.




Law 360 write about GSK's latest shenanigans here.

Bob Fiddaman


How the trial unfolded - a day-by-day account

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








Friday, April 21, 2017

For GSK. For King & Spalding




So, I hear you are claiming that you are going to appeal because you think a unanimous decision means that, um, the jury were wrong?

So, you intend to spend another $4 to $5million to, um, save $3 million?

No doubt your three experts, Gibbons, Kraus and Rothschild will be rubbing their hands. Collectively another half a million bucks coming their way!

This is for Andrew Bayman, for Todd Davis and for Glaxo's new CEO, Emma Walmsley.


CLICK HERE TO PLAY VIDEO



That is all.

For now ;-)

COMING SOON: Exclusive interview with Wendy Dolin.

Bob Fiddaman

Back stories

Dolin Vs GSK

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





Thursday, April 20, 2017

Dolin Vs GSK - The Verdict





“Don’t you think if these medicines caused suicide someone would have spoken up?” ~ Andy Bayman - King & Spalding.

The jury have.


GlaxoSmithKline have been found guilty by a jury today in Chicago.

The jury found for plaintiff, Wendy Dolin, who filed suit against GlaxoSmithKline after her husband, Stewart, took his life 6 days after being started on a generic version of Glaxo's controversial antidepressant Paxil (known as Seroxat in Europe)

The jury found GlaxoSmithKline liable for the death of Reed Smith LLP partner Stewart Dolin and ordered the pharmaceutical giant to pay $3 million to his widow, Wendy Dolin, reaching the conclusion that a generic version of GSK’s Paxil caused Dolin to take his own life.

Officials from GSK said the verdict was disappointing and that they plan to appeal.

(Insert feelings of shock here)

A huge congratulations to Wendy and her legal team; Brent Wisner of Baum, Hedlund, Aristei & Goldman, PC, Los Angeles and David Rapoport of Rapoport Law Offices, Chicago.

Updates coming later. In the meantime, here's some of the reasons why the jury returned a guilty verdict. Click on images to enlarge. Images courtesy of Baum Hedlund. But first, read the press release from Baum Hedlund.

PRESS RELEASE - Baum Hedlund

$3M Jury Verdict Against GSK in Landmark Paxil Suicide Case

April 20, 2017, Chicago, Illinois - - A federal jury has sided with the widow of a deceased Chicago attorney in her generic Paxil suicide lawsuit against GlaxoSmithKline (GSK), ordering the pharmaceutical giant to pay $3 million.

The jury verdict resolves allegations in the trial of Dolin v. Smithkline Beecham Corp. (D/B/A GlaxoSmithKline-GSK) over the paroxetine-induced wrongful death of Wendy Dolin’s late husband, Stewart Dolin, who was a partner at the Chicago law firm Reed Smith when he took his own life in 2010. 

“We are very pleased with the jury’s verdict and are grateful for their diligent service,” said Brent Wisner, co-lead trial counsel for Ms. Dolin in the Paxil suicide case. “We feel justice has been served, and are hopeful this verdict will result in a labeling change to warn that people of all ages are at risk. This should send a clear message to GSK and other drug manufacturers that hiding data and manipulating science will not be tolerated. Brand drug manufacturers have the ability and responsibility to make their drug labels accurate. If you create a drug and know that it poses serious risks, regardless of whether consumers use the brand name or generic version of that drug, you have a duty to warn.”

On July 10, 2010, 57-year-old Stewart Dolin began taking the prescription antidepressant medication paroxetine. The brand name version of this medication is called Paxil, which was researched, developed, manufactured and marketed by GSK. Paroxetine and Paxil are the same chemical compound and both use the same product information labeling. GSK created and was responsible for maintaining the accuracy of the Paxil label.

In the early afternoon on July 15, 2010, Stewart Dolin died when he was struck by a CTA Blue-Line train in the subway station near Washington Street in Chicago. Just before this, a nurse at the subway station who did not know Mr. Dolin noticed him pacing back and forth while looking in the direction of an approaching train that was not yet in sight. When the moving train appeared, the nurse observed Mr. Dolin leap in front of the train, where he was struck. Mr. Dolin was pronounced dead from the injuries he suffered due to the collision and his contact with the electrified track after the collision.

The lawsuit alleged GSK failed to adequately warn Mr. Dolin’s doctor about Paxil/paroxetine’s association with an increased risk of suicidal behavior in adults of all ages. The Court previously ruled that, although GSK did not manufacture the pills Mr. Dolin ingested, the company was responsible for the label and knew or should have known any failure to warn would result in harm to those taking generic versions of the drug.

“Glaxo has known for two decades that Paxil can cause people of all ages to commit suicide. The company not only hid the risk, but stuck its head in the sand and ignored countless suicides that occurred in its clinical trials,” said attorney Michael Baum, who also represented Ms. Dolin. He added that the drug’s Black Box warning – which states there is a suicide risk for children, adolescents and young adults, but the risk ends at age 24 – is “just wrong.”

During the five-week trial, GSK swore off its responsibility for ensuring the truthfulness of the label, arguing that, because the FDA never made GSK warn of a suicide risk, the company should be exonerated. According to Baum, this argument is “akin to a car speeding past a cop, the cop doesn’t stop the car, and the car crashes into another car and kills someone—the driver who killed someone cannot state it’s not his fault because the cop didn’t stop them.” 

In the end, the jury disagreed with GSK’s arguments, finding that the drug maker cannot sluff off its responsibility for its labeling just because the FDA let the company get away with it. 

Wendy Dolin was represented in her case by R. Brent Wisner and Michael Baum of Baum, Hedlund, Aristei & Goldman and David E. Rapoport and Matthew Sims of Rapoport Law Offices P.C.

For more information about the trial, visit baumhedlundlaw.com or MISSD.

Dolin v. GSK Trial Transcripts

Dolin v. GSK Trial Exhibits


Robin McCall
Media Relations & PR Manager
Baum, Hedlund, Aristei & Goldman, PC









Bob Fiddaman

Back stories

Dolin Vs GSK

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




Tuesday, April 18, 2017

Dolin Vs GSK: Closing Arguments







I will keep it short and sweet, if I may.

Here's what King & Spalding's, Andrew Bayman, told the jury yesterday during closing arguments.

“Don’t you think if these medicines caused suicide someone would have spoken up?”

My response...


Now read the evidence...


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




Bob Fiddaman




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