Zantac Lawsuit


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

Tuesday, April 19, 2022

Akathisia Awareness Rolls Out on The Tube



New adverts on the London Underground fuelled a Twitter storm about akathisia and related psych drug harms. The campaign is sponsored by MISSD, a non-profit that raises awareness of akathisia. MISSD was founded in 2011 by Wendy Dolin after the tragic death of her husband, Stewart, who died six days after taking Seroxat (called Paxil in the US). Akathisia isn't a garden variety "side effect." Akathisia can precipitate your death. 

The current campaign consists of more than 1,000 train posters informing passengers that antidepressants and antipsychotics can cause akathisia which can cause self-harm, violence, and suicide. It's fitting that these adverts are on the Tube, given that both akathisia and the London Underground System have been around for more than 100 years. Tube trains rolled out in 1863, and akathisia was first identified in 1902. Yet, judging by recent tweets, it seems that several psychiatrists have been asleep longer than Rip Van Winkle when it comes to akathisia awareness. (More on this below.)

More importantly, the Tube is an appropriate place for these posters because Tube stations close to psychiatric hospitals tend to have a higher incidence of suicide (Farmer et al., 1991; O'Donnell and Farmer, 1994). Suicide prevention charities, like the Samaritans, are probably aware of this since they also run Tube adverts. It's quite poignant then that these adverts, rigorously scrutinized by the advertising company's review team that works closely with Committees of Advertising Practice (CAP), are running on the Tube. 

Spot the Difference 

The original Tube advert MISSD submitted to the advertising review team/CAP is not the same as today's advert. You can spot the differences below. 

Original Poster

CAP Approved Poster 

MISSD has run mass transit adverts in the US without ever needing to change the copy for approval. But the UK's rules and regulators are different from those in the US. If MISSD didn't make the changes, these akathisia awareness posters would never run on the Tube. The changes include:

1. Target antidepressants and antipsychotics by explicitly naming them;

2. Add the word "rare," and;

3. Remove the phrase "Nobody is immune to akathisia." 

The specific mention of antidepressants doesn't bother me. SSRIs harm thousands of people, and SSRIs often induce akathisia. Withdrawal akathisia is also one of many components people can experience when suffering from Protracted Withdrawal Syndrome. 

But what does trouble me is baseless censorship by the powers that be. We'll never know who comprises the advertising review team/CAP. Are medical professionals reviewing the adverts? If so, what institutions are they from, and do they have financial or ethical conflicts of interest with the pharmaceutical industry?  

Many different drugs do cause akathisia. Psych drugs aren't the only culprits. Could the advertising review team/CAP explain to these moms why the akathisia risks posed by Roaccutane are less worthy of publicizing?

While they're at it, maybe the advertising reviewers can also explain what research they used to insist on the word, rare. Most logical people would not state that 50% and 80% are rare occurrences.

While MISSD prefers their standard advert that runs in the US, the non-profit decided it was better to run the current London campaign, which directs viewers to MISSD.co for more info, than no England awareness campaign. I agree. Medical organizations, suicide prevention charities, and many doctors have worked to keep akathisia risks in the dark. (Kind of like the recent sodium valproate story, a controversy that broke a few days ago yet has been known by British drug regulators for many years.)

Twitter Storm and Feigned Concern 

The majority of tweets sparked by the MISSD advert supported the awareness campaign. One advocate on Twitter who supports MISSD's mission did share her discomfort regarding the word "violence." But honest discussions about iatrogenic harms should include violence when it is a drug-induced effect. The parents of these 22 children who died in a school bus crash in Switzerland could share their thoughts on SSRI-induced violence. So, too, could the surviving relatives of these ten families. 

I suspect pharma has settled SSRI homicide cases out of court, but we'll never hear about those. However, one case that was made public was against GSK (then SmithKline Beecham). Donald Schell, 60, took two Paxil tablets before shooting his wife, their daughter, his granddaughter and himself to death on Feb. 13, 1998. A jury returned the following verdict:


Speaking of pharma brings me to this photo taken by Professor Anthony David, who saw MISSD's poster when he was riding on the Victoria line. David tweeted the adverts are "not helpful and should be removed." 

In 2018, David was appointed Director and Sackler Chair of the new UCL Institute of Mental Health. The Sackler Trust is the "charitable giving" arm created by the Sackler family--the same family responsible for Purdue Pharma's "uncharitable taking" of hundreds of thousands of lives lost due to the company's illegal opioid promotion.

Given the immense harm the Sackler family yielded for profit, it's inconceivable that UCL continues its financial relationship with the Sackler Trust. Moreover, I can't help but wonder if David is proud to carry the "Sackler Chair" title? Is he also proud of all the other money he's taken from other pharmaceutical companies who prescribe the types of drugs that can cause akathisia? They include Janssen, Eli Lilly, and Novartis.

Judging from his tweet, it's challenging to believe David cares about akathisia awareness and prescribed harm any more than the universities that continue taking Sackler's blood money and advertising their crime family partnerships. 

David's tweet invoked many responses from akathisia experts by experience and families whose relatives died avoidable akathisia-induced deaths. The tweet has had more than 230 responses, 99% of which criticise David's proclamation that the adverts should be removed.

One of David's colleagues at UCL, Prof Robert Howard, opined the poster was "Uninformative, confusing and frightening." Howard added the defamatory comment, "There's generally some kind of grift accompanying this kind of health disinformation. Calling it secondary gain would be too kind."

For those who don't know, 'Grift' is slang for "a group of methods for obtaining money falsely through the use of swindles, frauds, dishonest gambling." (UPDATE AT END OF POST)


Howard also tweeted that MISSD's website has "a lot of disinformation," but when asked to point out what was disinformation, he failed to respond. Further, neither Howard nor David have ever explained why they feel the poster is uninformative, unhelpful, and should be removed. They also haven't suggested ways their profession can increase awareness of this critical adverse drug effect. Howard's defamatory comments remain on Twitter today. 

Another Psychiatrist, Robertas Strumila, really scraped the bottom of the barrel when he responded to David's original tweet with this:


Strumila, based in Montpellier, France, later deleted his tweet after a backlash of comments from the prescribed harm community, many of whom have experienced debilitating side effects from antipsychotics. Strumila has never apologised, and Howard and David have never condemned his tweet.

Former Royal College of Psychiatrist President Wendy Burn, also tweeted about MISSD's adverts. Burn criticised them and tweeted, "Most people don't know what akathisia is." 


Um, FYI: Awareness-raising means making people conscious of a problem or issue. This fact, however, seems lost on Burn.

There are four types of akathisia, one of which is actually called Withdrawal Akathisia. MISSD covered this when presenting to RCPsych's International Congress in 2019, a conference session in which Burn herself introduced MISSD to the audience. Withdrawal akathisia has also been discussed in medical journal articles and research papers. The onset of akathisia can start when the dose of the drug is increased or decreased or the drug is stopped. That Burn didn't know you can suffer from akathisia after stopping these drugs is likely one of the reasons she states she hasn't seen it in her practice. Maybe her time needs to be "carefully balanced" between Twitter and taking the 1-hour MISSD Akathisia 101 course that can help her better recognize akathisia.

That assumes, of course, that Burn and other doctors want to recognize and warn patients about akathisia and other adverse drug effects. Lest we forget that in 2020, Burn made a startling revelation to Equally Well UK, an initiative that states it seeks to promote and support collaborative action to improve physical health among people with mental health challenges. 



According to the field of psychiatry, psychotic disorders are severe mental disorders that cause abnormal thinking and perceptions.

Answer me this, what can be more abnormal than one human failing to warn another human that a product may cause harm or, even death?

UPDATE: Prof Rob Howard decided to remove the defamatory post and has now issued a fauxpology on Twitter.

Bob Fiddaman

Poster Ad story in the media



Remember, akathisia can be caused by many different categories of drugs, not just antidepressants and antipsychotics, but also antibiotics, anti-hypertensives and many others.

If you are a doctor, pharmacist, coroner, journalist, or member of the public, and you wish to learn more about akathisia, take the FREE online accredited course here.





Friday, September 10, 2021

#WorldSuicidePreventionDay

 



Today is #WorldSuicidePreventionDay

A subject that has, seemingly, been forgotten about during the times we live in. 

For some, suicide was a choice, a means to end their misery. For others, it was out of their control, pushed over the edge by prescription drug-induced #Akathisia.

Today, many suicide prevention orgs will be calling for more mental health screening, a route by where a depressed person can unknowingly agree to the very same treatment that can cause akathisia. 

These suicide prevention orgs are, in the main, supported and funded by the corporation's that manufacture these types of drugs. 

Create awareness wherever you are. Look out for your loved ones and your neighbours. Research the term 'Akathisia' and make it a household name.

https://missd.co/

Bob Fiddaman


Friday, September 20, 2019

PRESS RELEASE: AKATHISIA MATTERS


Within the last five hours, the following press release has been picked up by media outlets.
This is just a small sample of some of those outlets.


International Akathisia Awareness Day Spotlights Critical Adverse Drug Effects

Accurate Info Improves Patient Safety
The World Health Organization states adverse drug effects and inaccurate or delayed diagnosis are common causes of patient harm affecting millions of people every year.”
— Wendy Dolin
CHICAGO, ILLINOIS, UNITED STATES, September 20, 2019 /EINPresswire.com/ -- International Akathisia Awareness Day Spotlights Critical Adverse Drug Effects
International Akathisia Awareness Day, September 20th, is an opportunity for all stakeholders in healthcare to work together to save lives by increasing knowledge of a potentially fatal adverse drug effect. Akathisia is a disorder, induced by more than 100 different types of medications, which can cause a person to experience such intense inner restlessness that the sufferer is driven to violence and/or suicide.
“September is suicide prevention month and while akathisia-induced deaths are not prompted by depression, if we are unequivocally committed to saving lives, we must increase the public’s knowledge of akathisia,” said Wendy Dolin, Founder of the Medication-Induced Suicide Prevention and Education Foundation in Memory of Stewart Dolin (MISSD).
The Akathisia Matters campaign sponsored by MISSD offers many educational resources freely available to all. They include: Two public health videos highlighting several signs and symptoms of akathisia; an accredited, 1-hour online course open to anyone at any time; educational brochures; and a podcast series called “Akathisia Stories” available on iTunes, Studio C, Spotify, and the MISSD YouTube channel.
“The World Health Organization states adverse drug effects and inaccurate or delayed diagnosis are common causes of patient harm affecting millions of people every year,” said Dolin. “Unfortunately, akathisia is an adverse drug effect that is often misdiagnosed and/or improperly treated. Akathisia is everybody’s business given that nobody is immune to akathisia.”
Preventing adverse medical events and promoting patient safety requires a team effort. Healthcare consumers, prescribers, caregivers and charitable organizations can work together to better ensure patient safety by: Discussing the risks and benefits of proposed medications and obtaining informed consent; identifying a “medication buddy” to help monitor for any unusual changes in behaviors whenever stopping, starting or changing dose or type of certain medications; carefully reading the medication leaflet that accompanies prescriptions and reviewing the info with the attending pharmacist; and requesting that mental health and suicide prevention organizations publicize akathisia and related governmental drug warnings.
MISSD brings akathisia education and prevention info to all corners of the world and presents to a variety of stakeholders. “This year MISSD has been welcomed by US veterans’ groups, the Royal College of Psychiatrists’ International Congress in London, university medical and healthcare programs, social workers’ organizations, community groups and places of worship,” said Dolin. “MISSD is a unique, independent nonprofit: We take no money from pharma and our presentations are always free.”
To learn more about akathisia and inquire about MISSD presentations, please see MISSD.co. If you or a loved one has an akathisia experience to share, please see the guest blog guidelines posted on the MISSD website.

About MISSD
The Medication-Induced Suicide Prevention and Education Foundation in Memory of Stewart Dolin, (MISSD), is a unique 501c3 non-profit organization dedicated to honoring the memory of Stewart and other victims of akathisia by raising awareness and educating the public about the dangers of akathisia. MISSD aims to ensure that people suffering from akathisia's symptoms are accurately diagnosed so that needless deaths are prevented. MISSD is not anti-drug; we are for truth in disclosure, honesty in reporting and legitimate drug trials.
For more information about MISSD, please visit MISSD.co and follow us on Twitter: @MISSDFoundation and #AkathisiaMatters.
Wendy Dolin
MISSD
+1 847-910-2346
email us here

Friday, October 26, 2018

MISSD October Akathisia Awareness Month



October: National Akathisia Awareness Month?

It’s no secret many health-related organizations deploy special awareness months to gain media coverage that promote strategic goals. It seems autumn is a particularly busy time of the year for such given September was Suicide Prevention Awareness month and October is American Pharmacists month.

There’s no shortage of advocacy organizations and months designated to wellbeing, but few are specifically focused on adverse drug effects despite that they are a leading cause of death. One reason this public health concern is barely an audible whisper is because safe patient and consumer advocacy organizations seldom have big corporate donors and large marketing budgets.

While public health and safety organizations don’t readily attract corporate sponsors, there is something authentic advocacy increasingly does have: a growing network of concerned citizens, caregivers, healthcare professionals, patient advocates, and friends and family dedicated to creating positive change. Recently I was fortunate to see old friends and hundreds of new faces at the MISSD annual fundraising event. I’ve noticed every year the turnout increases and MISSD might soon need a larger event space. This is one challenge nonprofit foundations surely welcome.


MISSD, which stands for the Medication-Induced Suicide Prevention and Education Foundation in Memory of Stewart Dolin, has had a busy year filled with worthy accomplishments. For all the below reasons, MISSD gets my vote for October as National Akathisia Awareness month.

Making Akathisia A Household Word

To better educate the public about akathisia, this year MISSD:
·        Created a free, accredited Akathisia 101 continuing education course available to all at missd.learnupon.com
·        Rolled out a strategic public awareness campaign to include large signage on Chicago buses and trains 
·        Presented at several national and local conferences, universities, veteran’s groups, etc.

·        Released a public service video to help illustrate what Akathisia sometimes looks like, particularly in severe cases 

Wendy Dolin (right) with her sister, Marcy

At their annual conference in Toronto last week, the International Society for Ethical Psychology and Psychiatry (ISEPP) announced Wendy Dolin, MISSD Founder, is the recipient of this year’s ISEPP Special Achievement Award. The award is intended for a professional or non-professional who has made a significant specific contribution to challenging the conventional mental health system.

It’s great to see efforts to create akathisia awareness and education are valued. Far too many people have learned about akathisia the hard way, but through public education and increased awareness we can prevent avoidable suffering and deaths.

ISEPP Special Achievement Award Citation:


Wendy Dolin is a therapist and activist who founded MISSD, which is an acronym for Medication Induced Suicide in Memory of Stewart Dolin. Stewart was Wendy’s husband of 36 years and a successful senior member of the international defense firm, Reed Smith in Chicago. In July 2010, one week after being prescribed paroxetine for work stress, Stewart ended his life by jumping in front of an oncoming train. This started Wendy’s painful search for an answer and her mission to educate the community about medication-induced suicide. She discovered that the drug company GlaxoSmithKline had been concealing the suicide risk associated with paroxetine and so launched a lawsuit. In March 2017, a jury concluded that the drug manufacturer failed to warn about the suicide risk and awarded Wendy $3 million in damages. However, an appeal court just recently overturned the ruling. Wendy will be petitioning the U.S. Supreme Court to review the case. Wendy’s outstanding efforts to uncover the harmful effects of psychiatric drugs and her devotion to her husband’s memory is inspiring and warrants the receipt of ISEPP’s Special Achievement Award.”

Kristina Kaiser Gehrki






Thursday, August 23, 2018

Judge Hamilton & Co Toss $3M Dolin Verdict


Yesterday's decision from the Seventh Circuit declared "the drugmaker (GSK) can’t be sued under Illinois law for insufficiently warning of suicide risk on a drug’s label, when that label’s language was set by federal regulators."

Read on...

pre·con·ceived
adjective
(of an idea or opinion) formed before having the evidence for its truth or usefulness.




Mayor Larry Vaughn (left)

Jaws Synopsis

During a beach party at dusk on Amity Island, New England, a young woman, Chrissie Watkins, goes skinny dipping in the ocean. While treading water, she is violently pulled under. The next day, her partial remains are found on shore. The medical examiner's ruling that the death was due to a shark attack leads police chief Martin Brody to close the beaches. Mayor Larry Vaughn overrules him, fearing that the town's summer economy will be harmed. The medical examiner now concurs with the mayor's theory that Watkins was killed in a boating accident.




Seventh Circuit Judge David Hamilton


On May 30, 2018, the Seventh Circuit Court of Appeals heard a plea from GSK with regard to reasons why they don't feel they shouldn't pay a $3million fine handed down to them last year. During the oral arguments, Seventh Circuit Judge David Hamilton (Pictured above) repeatedly voiced doubts over the issue of so-called “innovator liability,” or the theory that the original makers of a drug – the “innovator” – should be held liable for the effects caused by others’ imitation product. Hamilton stated that it could significantly harm the pharmaceutical industry, and consumers and patients who rely on the medications invented and manufactured by the industry.

Ironically, the actor who played Mayor Larry Vaughn in the movie Jaws, Murray Hamilton, shares the same surname as Seventh Circuit Judge David Hamilton. To my knowledge, they are not related.

I've been a fan of Jaws, particularly the screenplay, for many years. It bears so many striking similarities to the pharmaceutical industry (the shark) and the advocates that try to highlight wrong-doings, Quint, Brody, and Hooper. 

Yesterday's decision from the Seventh Circuit declared "the drugmaker can’t be sued under Illinois law for insufficiently warning of suicide risk on a drug’s label, when that label’s language was set by federal regulators."

Seventh Circuit Judge David Hamilton. Circuit Chief Judge Diane P. Wood and Circuit Judge Diane Sykessaid, said, "GSK had presented sufficient evidence time and again through the proceedings – before, during and after trial – to demonstrate it had no control of the drug labeling at the center of the case. Therefore, they said, the lawsuit should have been dismissed." Further, they added, "Court judges erred when they allowed to go to trial a lawsuit brought by Stewart Dolin's widow (Wendy Dolin)"



Former Glaxo CEO, JP Garnier

"There is a legal right for us to go directly to the public"

Nowhere in the Seventh Circuit's panel conclusion does it state that paroxetine wasn't responsible for Stewart Dolin's induced suicide, in fact, it suggests that it did, but claims GSK did enough to warn Stewart, even though the FDA didn't heed that warning. The ruling failed to mention the deposition, shown at the 2017 Dolin trial, by former Glaxo CEO, JP Garnier, in which, when asked, "You can change your label without even getting approval from the FDA, there's a law that allows you to do that, correct?", he answered, "Yes...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."

In response to the ruling, Michael Baum, senior partner at Baum, Hedlund, Aristei & Goldman, stated “We are surprised and disappointed with the court’s ruling and respectfully disagree. We will be exploring Ms Dolin’s options.”

"You go in the cage, cage goes in the water, you go in the water. Shark's in the water, our shark."

The FDA has remained silent throughout. They are, it appears, answerable to nobody. With an admission by GSK's former CEO that there is a legal right for GSK to go to the public, ergo, they can bypass the FDA, the question still remains, why didn't they?

GSK, and other pharmaceutical companies are, as we know, in bed with each other. It's a sick, incestuous relationship that puts everyone who ingests a pharmaceutical product or who uses a medical device, at harm - the same harm that Seventh Circuit Judge David Hamilton used in his defence of the pharmaceutical industry. It would appear that they can be protected from harm but the same rules do not apply to consumers, we simply go in the cage, cage goes in the water, we then go in the water. Remember that next time you pick up your next prescription, folks!

The pharmaceutical and regulatory pools are infested with sharks!

Afterword:

A Japanese submarine slammed two torpedoes into our side, Chief. We was comin' back from the island of Tinian to Leyte, just delivered the bomb. The Hiroshima bomb. Eleven hundred men went into the water. Vessel went down in twelve minutes. Didn't see the first shark for about a half an hour. Tiger. Thirteen-footer. You know how you know that when you're in the water, Chief? You tell by lookin' from the dorsal to the tail. What we didn't know... was our bomb mission had been so secret, no distress signal had been sent. Heh.

They didn't even list us overdue for a week. Very first light, Chief, sharks come cruisin'. So we formed ourselves into tight groups. Y'know, it's... kinda like ol' squares in a battle like, uh, you see in a calendar, like the Battle of Waterloo, and the idea was, shark comes to the nearest man and that man, he'd start poundin' and hollerin' and screamin', and sometimes the shark'd go away... sometimes he wouldn't go away. Sometimes that shark, he looks right into ya. Right into your eyes. Y'know the thing about a shark, he's got... lifeless eyes, black eyes, like a doll's eyes. When he comes at ya, doesn't seem to be livin'... until he bites ya. And those black eyes roll over white, and then... oh, then you hear that terrible high-pitch screamin', the ocean turns red, and spite of all the poundin' and the hollerin', they all come in and they... rip you to pieces.

Y'know, by the end of that first dawn... lost a hundred men. I dunno how many sharks. Maybe a thousand. I dunno how many men, they averaged six an hour. On Thursday mornin', Chief, I bumped into a friend of mine, Herbie Robinson from Cleveland- baseball player, boatswain's mate. I thought he was asleep, reached over to wake him up... bobbed up and down in the water just like a kinda top. Upended. Well... he'd been bitten in half below the waist. Noon the fifth day, Mr. Hooper, a Lockheed Ventura saw us, he swung in low and he saw us. The young pilot, a lot younger than Mr. Hooper. Anyway, he saw us and come in low and three hours later, a big fat PBY comes down and start to pick us up. Y'know, that was the time I was most frightened, waitin' for my turn. I'll never put on a life jacket again. So, eleven hundred men went into the water, three hundred sixteen men come out, and the sharks took the rest, June the 29th, 1945.

Bartholomew Marion Quint ~ Amity Island, MA

--

Bob Fiddaman


Backstories in chronological order:







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








Friday, September 15, 2017

Dolin Wins...Again






GlaxoSmithKline (GSK) has been delivered a devastating blow by Judge William T. Hart in their efforts for a new trial against Plaintiff Wendy Dolin who, earlier this year, won her case against GSK after a jury found that GSK had not properly added adult suicide risk warnings to the label of paroxetine, the controversial antidepressant popularly known by its brand names of Paxil, Aropax and Seroxat.

Hart pulled no punches after GSK tried desperately in vain to blame his decisions during the trial, a trial in which they blamed everyone but Paxil for the death of Stewart Dolin.

GSK wasn't happy with the verdict decision by the jury so immediately filed motions for a new trial claiming, amongst many things, that...
 - The jury wasn't reasonable enough because they didn't return a verdict in favour of GSK.
 - Stewart Dolin's Dr should have told Stewart about the Paxil suicide risk in adults, even though GSK never made this clear on the labeling
 - It wasn't their responsibility to change the label, it was the FDA's
 - Stewart killed himself because of an underlying illness, in any event, he took a generic version of their drug and even though they (GSK) were responsible for the label of that generic drug doesn't mean they should be held liable
 - Dolin's expert witness testimony wasn't reliable
 - There is no causal link between Paxil and suicide
 - The judge never instructed the jury properly
So, every possible excuse under the sun then. In not accepting defeat graciously GSK, via their hired suits of King & Spalding have made themselves look like spoiled little brats, and we all know how to treat spoiled little brats, right?

Well, Judge Hart does. He looked at their limp-wristed motions and answered them in stylish fashion. Pay particular attention to his stance of whether or not Paxil can cause suicide.

Regarding Stewart's doctor failing to warn about the adult risk of suicide in adults taking Paxil, Judge Hart ruled that Stewart's Dr was not aware of the suicide risk, further, the Paxil label did not adequately warn of an increased risk of suicide for adults taking Paxil.

He told them they did not provide the court, or indeed the jury, with evidence that the FDA would never have allowed such a warning on the label, adding that because Stewart took the generic form of Paxil does not mean that GSK cannot be held liable.

He disagreed with their claim that Dolin's expert witnesses were unreliable by merely counteracting it with "they were reliable."

He went on to tell GSK that there were no errors in instructing the jury.

Most damning of all was the following...
"There is a causal link between Mr. Dolin’s ingestion of paroxetine, his side effects, and consequent suicide."
For years pharmaceutical companies and global medicine regulators have claimed that correlation does not equal causation - However, unlike Stewart Dolin's widow, Wendy, and her legal team of  Baum Hedlund Aristei & Goldman PC, and David Rapoport and Matthew Sims of Rapoport Law Offices PC., regulators never investigate the suicides so they can always claim that correlation does not equal causation - if they actually went out and spoke to doctors and the grieving family members, they may learn a thing or two.

So, what happens now? Will GSK walk away licking their wounds and cough up the $3 million awarded to Wendy Dolin back in April, or will they retain the services of King & Spalding once again to take this matter to the Supreme Court? King & Spalding had nigh on 6 weeks to cross-examine, they did so with inane questions that were more designed to try and catch witnesses lying rather than strike home the point that Paxil does not cause some adults to kill themselves. They failed on a humungous scale and they may, if given the go-ahead from GSK, try their embarrassing tactics on a bigger stage, that of the Supreme Court. At what point does GSK or, indeed, King & Spalding not realise that the whole of the industry is in a complete state of apoplexy watching their comedic performance? Seriously, Messrs Bayman and Davis, along with the bald-headed guy who filed his fingernails at the King & Spalding table in court, should be up for Best Comedy Performance by a legal team in 2017. That's one presentation I would attend, if only to give them a much-deserved standing ovation as they went to collect their award.

If I were GSK I'd take a long, hard look at those they hire to defend cases for them. In this instance, King & Spalding, the legal outfit from Atlanta have not only embarrassed themselves, they have embarrassed GSK too. (If that's possible) They have all the traits of narcissism, believing that they are all-empowering. GSK's grandiose sense of self-importance obviously rubbed off on the King & Spalding team when they opposed the judge in this case. Their sense of entitlement is all too plain to see, as is their lack of empathy and unwillingness to recognize or identify with the feelings and needs of others. Finally, their arrogance is staggering - The jury was wrong, Dolin's experts were wrong. the judge was wrong.

It will be very interesting to see how this will now unfold. Will GSK take a look at King & Spalding and think, 'well, that was another bag of money wasted at our stakeholder's expense', or will they continue to argue that black is really white and everybody else is wrong? King & Spalding didn't just fail GSK by losing this case and the chance for a new trial, they failed every other single pharmaceutical company waiting anxiously in the wings to see if they could themselves be held liable in potential future litigation.

As a blogger writing and researching GSK for the past 11 years it gives me great pleasure to write about them and all their failings, their dystopia is my utopia.

Here's another ditty to them.

Sing to the tune of Hot Chocolate's 'So You Win Again' (Lyrics beneath video)



"Dolin Wins Again"

Just to admit one mistake
That can be hard to take
I know you've made them all
Like fools, you come back for more
Being the fool you are
I figured in all your plans, Glaxo
Your endless motions didn't say
About the Paxil deaths, you hid away.

Dolin wins again, she wins again
Here you stand again, the loser
And just for fun you took Stew's life and run,
And now you've been outdone

You can't refute her
But now you know that you're the fool
Who lost your case, you lost it all
If you come back, you'll lose again
And I am proud to say
The Press will have a field day
Now she's the one who's crying
Because of your denying
When will her heartache end?
Will her whole life depend on fading memories
You took his life so stop now, please

Dolin wins again, she wins again
Here you stand again, the loser
And just for fun you took Stew's life and run,
And now you've been outdone

2017 (C) - Fid Chocolate 
(Original lyrics by Russ Ballard 1977)



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



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