FAQ - Paxil

Author:   Erin Clerico  
Posted: 3/14/2005; 11:02:52 PM
Topic: FAQ - Paxil
Msg #: 2 (top msg in thread)
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1) Why is Paxil called an "SSRI"?

It's short for "Selective Serotonin Reuptake Inhibitors". Here’s the way I look at it - a homespun analogy for you: Say you have a corral for horses, and to enjoy life and not be depressed, you have to have 10 horses in your corral. When the gate is open, the horses get out. The hoped-for result of taking an SSRI is to close the gate.

You see, everyone’s brain has serotonin. But some people just don’t produce enough. Lack of production is nobody’s fault; it’s not a character defect; it’s just biology. So if your corral only has 5 horses in it, the idea is to take an SSRI – that closes the gate. Now when the body creates some more serotonin, the number builds back up to 10 and the depression lifts.

That’s one way of looking at the biology or medical proof. Of course, the medical issues get a good scientific airing, but that should give you the basic idea for now.

2) OK, so what legal proof is there?

There is one – and only one – courtroom victory against the maker of Paxil.

Three SSRI cases asking for money damages have gone to trial in the United States. In the victory for patients, in 2001, a jury in Cheyenne, Wyoming, found that “Paxil can cause some individuals to commit suicide.” By the way, the maker used to be known as SmithKlineBeecham. So if you look at the legal papers in the case, you will see that the jury came to its verdict before the company took the name GlaxoSmithKline. You can see the whole verdict at www.fitzgeraldlaw.com.

3) How have SSRI manufacturers tried to defend these cases?

Here’s what an SSRI maker did in a case in 1999. No later than 1990, the maker started referring to a so-called disease as the cause of death. They called it the disease of depression and they argued that the depression caused the suicide. In other words, SSRI makers defend these cases by saying that the patient was depressed, after all, and that’s why they killed themselves. That defense worked in 1999.

In the Wyoming trial in 2001, Paxil’s maker talked about how depressed the shooter was. The Paxil manufacturer argued that it was too bad the shooter didn’t start taking Paxil sooner, because it takes, they said, about a month before it starts to help. That didn’t fly. The shooter had taken only 2 doses of Paxil and it was already in his bloodstream. The jury found that Paxil was a cause of the suicide. (Sadly, he killed some family members just before shooting himself. The jury found the Paxil was a cause of these killings, too, as you will see on the verdict form. 4) How does the law work in Paxil cases?

Well, let’s go to law school for a few minutes. When a case goes to trial, there are two key players, so to speak: the jury and the judge. The jury determines the facts. The judge tells the jury the law. In other words, the judge “instructs” the jury on the law. Then the jury applies that law to the facts, and renders a verdict. Why is this important to understand? It’s because juries have to follow the rules and they need a framework, like having a frame to build a house. No framework, no justice.

5) What do we look for in the frame? What builds a verdict?

We like to be able to show –if these are the facts – that the patient either was not talking about suicide (we call it lack of suicidal ideation), even though they may have been depressed, before they started taking the SSRI, or they might have been talking about suicide, but after taking the SSRI, they got serious about it.

Usually SSRI-induced suicides are violent and the patient acted on an impulse. Frequently, the patient is acting “out of character” before they impulsively commit suicide. Many families say something like this: “Our loved one may have been depressed but he would never have killed himself. Things just got very different after he started the Paxil. He just wasn’t himself.”

We want to able to show that the product warnings and instructions were not good enough, that they didn’t tell the family what to watch for, to detect whether the patient was one of those people who was having a bad reaction to Paxil.

After we show pertinent facts in a product case (a drug is a product, so the law of product liability applies), then the judge generally will instruct the jury that a product consists of more than just the product itself – that it also includes the warnings and instructions that go along with the product.

And the reason we won the Paxil case in Wyoming is that the jury applied that law. The Paxil pill itself was OK, but the warnings and instructions that went with it fell short.

6) How do we figure out if there is a good case?

You’ve heard that lawsuits are costly and lengthy. So we listen really hard to cases where someone died, or disfigured himself or herself (tried to commit suicide but succeeded only in maiming themselves). These cases are big fights with the product maker, and we are willing to take on a giant defendant, but the stakes have to be high, and the results of taking Paxil have to be significant: death or disfigurement.

7) So what does it cost you to review the facts, just to see if there is a case worth pursuing?

Let’s start here. If you believe a loved one killed himself or herself after taking Paxil, or that a loved one suffered disfigurement, you can contact us. We’ll do our best to find out the important facts in your case, and we won’t charge you to talk to us toll-free @ 877-634-4000, or e-mail jim@fitzgeraldlaw.com, so we can get the facts.

I wish we could take every case. There’s a lot of pain in this world. But I need to tell you right up front: If there’s no death or disfigurement, we’re not going to be able to follow through, because there is not enough at stake to justify the time it will take.

I think you’d rather know that now than have us tell you later. We’re ready to go to work on death or disfigurement cases. 8) What if we decide to take your case? How will you ever pay us for our experience and our services?

Your key to the courthouse is the contingent fee. If we get you money, we’ll take part of it. If not, no fee. 9) What about the costs of putting the case together?

We get reimbursed what we spent on your case, when you get paid. 10) What if you’re from a state where we are not licensed?

I started law practice in 1975. Since then, I’ve represented clients across the United States. If we have to file suit in another state, we always associate with counsel from your state. The company that makes Paxil uses a single law firm to honcho their work, and just like us, they get counsel in your state. 11) How much money are you going to ask for?

We’ll see what your state allows. Some states allow money for loss of a person’s care, the comfort they gave you, and for the companionship or guidance they gave you. Some patients were wage-earners and most states allow jury to make up for that.

Be careful if someone tells you right off the bat that they can get you money or a particular amount of money. We don’t do that, because we have to work up the facts and the law first, and that takes time. The case is “worth” what justice calls for. It’s for justice, and we’ll give a lot of thought to it, before asking for a particular number. You’ve probably seen lawyers on TV, billboards or in advertisements in the yellow pages. Should you check them out?

If you want to. You won’t find me there. But ask them a couple of questions and demand a straight answer: Have they ever taken an SSRI case to trial? I don’t mean just filed in court, or settled out-of-court; I mean taken one to trial in front of a jury and fought it out, and gotten a favorable verdict. If not, ask yourself if you’d follow a leader who’d never done that. Only Andy Vickery and I have ever won an SSRI trial and we did it together, in Cheyenne, a block from my office.

Also, you should ask if they are going handle your case themselves, or just send it to someone who has actually tried one of these cases and won it in front of a jury. Remember, there’s only been one successful trial for a patient’s family, and that was our case. But by all means, work with someone you trust. 12) What about settlement? Maybe you’ve heard most cases settle. Will yours?

Maybe. Let’s find out about it first, and then we can make intelligent choices. Trials take time and they take a toll on you, so settlement may be an option. You get to decide.

13) What’s the best way to reach us?

You can call toll free to 877-634-1001. If I’m not there (I travel to other states on other cases), ask for Jennifer Porter and if she is not available, ask for Kathy Porter. They’ll tell me what they learned from you when I get back or they’ll tell me by e-mail if I’m in trial somewhere for a while. Or you can tell us about your situation by contacting us through this web log or just email me: jim@fitzgeraldlaw.com, so we can get the facts.


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