Lawsuits about psychiatric drug adverse effects and withdrawal

[Dude]

I was just wondering if anyone here has ever attempted or is considering taking legal action against the doctor(s) who made their "diagnosis", prescribed their "meds" and/or who claimed the drugs were non-addictive.

 

I for one have considered it and discussed it briefly with an acquaintance who is a lawyer. However, according to him it would be almost impossible to win such a case in court  with the main problem being able to prove without a doubt that the doctor in question made a mistake (from a legal point of view, that is). Then there's the financial issue, of course. Going to court with such a case would cost an incredible amount of money.

 

So, as pointless as it seems to be to consider the legal route, has anyone actually given it a shot?

 

I presume not, by the way, but thought I might raise the question nonetheless. Also, I do not want to start a heated debate about how we've all been wronged and about what a bunch of [expletive deleted] psychiatrists are... That's a given, of course. I'm only asking because, who knows, maybe someone here has had some success in that regard or knows how one could go about it (at least in theory).

 

 

[Dude]

Sorry, meant to post that in the "off-topic" thread. I'd appreciate it if an administrator could move it there, if that's possible.

 

Thanks.

 

[Dude]

Thanks to whoever moved the post here!

[Dude]

I've just had a look at some of the threads in this topic session (sometimes it helps to scroll down and have a look around before posting anything new, as I've now realized ).

 

The threads by Altostrata about reporting your withdrawal symptoms to government agencies and about filing a complaint against ones doctor caught my attention, for example. I think that's exactly what I'll do once I've recovered/stabilized a bit more and am in a position to debate with them (if necessary). There is actually a "patient protection" agency over here in Switzerland called the "Patientenschutzorganisation" (yep, they like their long words in Switzerland and Germany... ).

 

However, there's not a lot of public awareness with regards to the hazards of psychiatry and psychiatric drugs (with psychiatry still being seen as a legitimate form of medicine from the point of view of the government (a lot of pharmaceutical companies have their headquarters here in Switzerland, by the way...)), so I'm not sure how open they'd be to such complaints. Nonetheless, I'll be giving it a shot in time to come. So thanks to Alto for the advice.

[Dude]

"topic section" is what I meant to write up above, of course (instead of "topic session"). Anyway, I'll stop posting for now and look forward to comments by others on the subject.

[UnfoldingSky]

El Duderino (I'd call you The Dude but I'm not into that whole brevity thing),

 

I've read your intro thread and your situation is a bit similar to mine, in that I too cold-turkeyed and then reinstated (actually a bunch of times), had problems with that then had long term withdrawal issues (I have recovered from the majority of my issues too by the way.)

 

I have tried legal remedies for my situation and gotten nowhere.  From what I was told, where I live, there is a statute of limitations. I was over that time allowance when I contacted them.  However where I live you can get around it if you can prove you were too sick to file. That was basically impossible for me to do.  Basically though statute or not, I was told you need an expert witness to say what caused your psych drug issues, to tie it to them, otherwise they'll usually try to just re-frame it all as "mental illness". Such a witness would of course have to be willing to trash the drugs too so they aren't that easy to find. There are a few people I think who provide those services (I think David Healy might have some info on that on his site) but it's expensive to engage with.  And the chances of winning seem to be pretty slim...

 

All that being said there's a case in Canada being heard about the imbalance being a fraud, where at least the guy has had some of the downsides of pills presented in court.  He has I think even managed to get his doctor to admit, in court, there was nothing physically the matter with his brain that warranted the use of pills.  However they are pulling games with him from what I recall so even he may not get what he wants.  I don't know if I can find it but his story was posted on Mad in America not that long ago (past month or so? Definitely this year.) 

 

If you do still wish to pursue legal action it is always best to speak directly to a law firm you'd want to engage, too, one law firm I spoke to encouraged me to contact others, saying I might have better luck with them. Given the possibility of a time constraint too it's best to try (if you are up to it) to look into this as soon as it's reasonable for you to do.  It's just so much extra work if you have to try to get around a time limit, and I would bet would just add to the expenses.

 

[Dude]

Hi Unfolding Sky!

 

Thanks a million for your reply and the info. I'm afraid I've to head out shortly and am pressed for time over the next few days, but I'll get back to you on this issue by the week-end or so.

 

P.S.: Loved your allusion to the Big Lebowski. Looks like I've found myself another urban achiever! May the Dude be with you!

[UnfoldingSky]

Dude look forward to speaking to you when you get back from bowling!

[Dude]

Hi UnfoldingSky

 

Apologies for not getting back to you sooner. And thanks again for your input on this issue. I will still look into what can be done from a legal standpoint over here sometime within the next year or so, but I doubt much can be done for the reasons we've both mentioned above. And I suppose the main problem is the financial aspect. You need deep pockets to go up against a psychiatrist in court, not to mention Big Pharma who would, I assume, also be implicated in such a case.

 

I read David Healy's "Let Them Eat Prozac" a few years ago, by the way, in which at some point he quotes an American law firm that represents clients who go up against representatives of mainstream psychiatry (or at least attempt to do so). And although they sympathize with their clients (and do a lot of their work pro bono, if I remember correctly), they advise against it. And not only because it be extremely expensive to do so, but also because one's own personal history and that of one's relatives would be subject to intense scrutiny by the opposing side. Also, such cases are likely to go on for what would seem like forever and all of that together tends to take a tremendous toll (according to them), often leaving the client(s) worse off not only financially, but also emotionally and with regard to their health than before they went to court.

 

Be that as it may, I'm still curious to see if I can find a lawyer who could at least tell me whether or not I'd at least theoretically have a chance. The one I spoke to so far may have been correct in his assessment of the situation, but I'd still like a second opinion.  And, who knows, maybe I'll win the lottery and would then be able to kick some psychiatric a**!

 

In the meantime, however, I guess I'll just have to, like, take it easy, man...

 

 

 

 

 

 

[UnfoldingSky]

Dude! So sorry I couldn't get back to you earlier myself.  I hear you about the cost of a lawsuit and it would be very distressing. 

 

I can't write much at the moment but I had a few newer developments that might be relevant...will have to get back to you in a bit!

 

Hope you are taking it easy man, relaxing with some Creedence,

 

US

 

(It seems there may be a Lebowski quote for everyone occasion... )

 

[Dude]

Hi US!

 

Thanks for the message! And no worries, I'm in no rush. If there's one thing the Dude has taught us (in his great wisdom), it's that when things get rough the best thing to do is to simply abide...

 

Look forward to hearing about what you've been up to with regard to taking action against those guys who soiled your rug (figuratively speaking). 'Cos it really tied the room together...

 

Just in case you were wondering, despite all the references, I'm not actually a complete Lebowski fanatic (I don't spend all day in my bathrobe and haven't had a white russian in years, for example...). For me it's just one of those things that reminds you of the good old days (i.e. the time before this whole withdrawal fiasco). That being said, I have to admit that I did get myself "ordained" online as a dudeist priest a few months ago just for a laugh... If you want to join the club, just go to the Church of the Latter-day Dude's website at "dudeism.com". It's completely free of charge and, in the spirit of dudeism, comes with absolutely no obligations whatsoever...

 

Anyway, talk to you again soon.

 

P.S.: Over the line!!!

 

 

 

 

 

 

[Daisyca]

Hello,

I've been off Abilify for over 3 months now and came across an ad talking about Abilify and compulsive gambling lawsuits. I have no experience with lawsuits or lawyers and have reached out to a few law firms that I found online that are handling Abilify claims. Unfortunately, so far it seems that they can't handle a claim if you were taking the generic form of Abilify (aripripazole) or if you didn't loose a significant amount of money from gambling (over $50,000) or if you can't prove the losses. My issue is that looking back, I did have very serious compulsive behaviors including gambling, binge eating and shopping, not to mention weight gain and diabetes. So I am reaching out to anyone with experience in filing claims what I should do next or where I could go for help? I'm very interested in helping others realize the dangers of this medication, including severe withdrawal symptoms that I am still dealing with. TIA!

[Martina23]

So have you found any new developments? I have already written three "billionaire foundations" if they cant help me financially to bring my case into court, but no luck 🙂 They would even take money from me, not to give me anything. These rich people are funny, they didnt even understand till now that the most happy they would be if they shared some of their fortunes 🙂

[Barbarannamated]

This verdict against GSK / Paxil was just overturned by the Supreme Court because it was a generic version.  Who IS responsible for generics, especially when they are manadated by insurers?  

 

https://mobile.reuters.com/article/amp/idUSKCN1L72D1

[Hibari]

Horrible.  

[JS11]

8 hours ago, Barbarannamated said:

This verdict against GSK / Paxil was just overturned by the Supreme Court because it was a generic version.  Who IS responsible for generics, especially when they are manadated by insurers?  

 

https://mobile.reuters.com/article/amp/idUSKCN1L72D1

 

 

The article doesn't say if the Court of Appeals kicked it back to the State court, which is what usually happens.  Although then, the attorney would then have to decide if it was worth it to continue.  I think this is issue is going to continue to be litigated.  It is hopeful that both Massachusetts and California ruled that Brand named manufacturers can be sued by generic drug users. 
 

Thank you for the link, Barbarannamated. 

take care,

JS11

[arwilliams]

I'm not sure what there is to accomplish with this it seems like a catch 22 almost(maybe not the right term.)

 

You have to prove damages no?

If your brain is damaged they claim it is the mental illness.

If you brain isn't damaged what are you filing for? You are fine and all you will get is maybe the hospitalization costs?

 

The best solution IMO is to maybe prove inaccuracy of hospital records but because these records psychotherapy notes and locked down often this will also amount to a dead end also.

[Barbarannamated]

On 8/24/2018 at 11:53 PM, JS11 said:

The article doesn't say if the Court of Appeals kicked it back to the State court, which is what usually happens.  Although then, the attorney would then have to decide if it was worth it to continue.  I think this is issue is going to continue to be litigated.  It is hopeful that both Massachusetts and California ruled that Brand named manufacturers can be sued by generic drug users. 

 

Thank you for the link, Barbarannamated. 

take care,

JS11

 

Thanks JS.

 

Bob Fiddaman is covering this case closely on his blog and Twitter. I don't want to misstate anything, so I'll defer to his expertise.  

https://fiddaman.blogspot.com/?m=1#.W43ECaApBdY

 

[bubbles]

On 8/25/2018 at 3:04 AM, Barbarannamated said:

This verdict against GSK / Paxil was just overturned by the Supreme Court because it was a generic version.  Who IS responsible for generics, especially when they are manadated by insurers?  

 

https://mobile.reuters.com/article/amp/idUSKCN1L72D1

 

The manufacturer of the generic version? A generic still has a "brand" as such, it is just not the same one.

[Barbarannamated]

On 9/3/2018 at 7:56 PM, bubbles said:

The manufacturer of the generic version? A generic still has a "brand" as such, it is just not the same one.

 

It's complicated.  From what I understand, both GSK and Mylan agree that the paroxetine is likely the cause. However, the labeling by GSK, and used by generic manufacturers, only includes warnings for 18 and under.  

 

Better explanation by Bob Fiddaman:

https://fiddaman.blogspot.com/?m=1#.W43ECaApBdY

 

[bubbles]

Quote

It's complicated.  From what I understand, both GSK and Mylan agree that the paroxetine is likely the cause. However, the labeling by GSK, and used by generic manufacturers, only includes warnings for 18 and under. 

 

I find it baffling that the wording on the bottle can exonerate them from responsibility, especially if it seems that they're accepting that the drug is the likely cause.

 

[JS11]

On 9/3/2018 at 4:31 PM, Barbarannamated said:

 

Thanks JS.

 

Bob Fiddaman is covering this case closely on his blog and Twitter. I don't want to misstate anything, so I'll defer to his expertise.  

https://fiddaman.blogspot.com/?m=1#.W43ECaApBdY

 

 

 

Thank you so much, Barbarannamated, for all the information.  I appreciate it so much/

take care,

JS11

[chicken]

https://www.nytimes.com/2017/09/11/well/mind/paxil-antidepressants-suicide.html

[Guest]

Why aren’t people in the protracted community creating a class action for this? We deserve it don’t we? Is anyone making headway with suing for protracted withdrawal ??? I’m desperate for an answer

 

also.... I know there have been lawsuits dealing with birth injuries and even suicides throughout the past few decades, but I can’t find anything on iatrogenic disorders or protracted withdrawal

 

someone let me know , I can’t seem to find any lawyers interested, even though this has torn my life apart 

[FarmGirlWorks]

I am interested too *bump

[Altostrata]

merged similar topics. There are many more in this forum: Search for "lawsuit" or "lawsuits"

[Pilar]

I'm having a legal advise from a medical solicitor in the UK. It's being so hard as, they work in cases of medical negligence and the doctor who prescribed me the medication gave me the legal doses, but my reaction to it was brutal. 

I've found myself trying to explain my solicitor than even the legal doses are fatal, there are not standards in how people will react to these medications....

I wanted to point that the medication I was given was amitryptaline and the doctor who prescribed it to me was an urologist, it was for a neurophatic pain in my bladder, nothing related to depression but because this medication is also an antidepressant had a lot of other side effects in my mind.

This doctor didn't tell me it was antidepressant, I tried to explain to my solicitor that but she kept saying that because the doses were right and to treat my problem it gonna be difficult to win the case. 

In the UK we have something that doctors must follow called NICE protocol for antidepressants, being amitryptaline an antidepressant shouldn't it follow the same protocol even if is given for other reasons? 

NICE protocol for antidepressant says that a doctor has to put in contact with you within the 3 weeks of of prescription, and he didn't, further more he failed to attend me when I needed the most !. When I tried to put in contact with the medical center  to explain what was happening to me, the manager denied to send to him my email where I told him I was having terrible side effects in the first 3 weeks of prescription.

 

 

[Pilar]

Hi!, Does anyone know if amiptyline ( tricyclic antidepressant also used for other purposes ) has to follow NICE protocol for antidepressants even if it was used for other medical purposes ? I'm struggling finding an answer in NICE wedsite. Any solicitor in this group that might know? I'm talking about NICE guidance protocol in the United Kingdom.

[Colonial]

On 8/18/2018 at 3:34 PM, Martina23 said:

These rich people are funny, they didnt even understand till now that the most happy they would be if they shared some of their fortunes 🙂

 

These rich people are the ones who own the drug companies.

They "set up" supposed altruistic foundations to gather in all the complaints and go about handling the situation to "neuter" the efficacy of Our complaints.

Sure, you might get a little money, but it's under the agreement that You keep Your mouth SHUT. 

And that's why nothing changes. Because Your "supposed advocates" are Your abusers.

 

As long as the reason people are "suing" is to make money, the exercise is fruitless. The best that can be hoped for, is if people are willing to band together to give them so much "bad press" that the every day person and doctor learns how dangerous these meds are and stops being willing to take them.  The issue is education BEFORE people are in a crisis because once they are, their critical thinking skills are diminished and they generally will go with whatever the doctor ordered.

 

But this can't be about making $$$, it has to be about reserving Your right to free speech, and getting enough people together who are willing to pay out of pocket to expose what's really going on here.  That's not to deny many of us have lost jobs and our livelihood.  I realize that, but we have to be "bigger" than wanting what's due us and acting out of anger and revenge.

 

If Your looking to bring meaning to what You've suffered, it's not going to come about by suing a company for $$$ out of anger.

At the end of the day, that $$$ won't mean much.

It's going to come by stopping the next generation of victims from swallowing that first pill before they do.

 

[tryingtosurvive330]

I know that so much hard work is being done to expose the dangers behind these drugs that were supposed to help us. 
 

I’ve said before in my extreme anger that I wish there were a class action lawsuit against the pharmaceutical companies who push these dangerous claims and hide/do not study the long term damaging effects. And that I would sue if I could. But I feel like an insignificant dot amongst the world and could never do it. (I also watched a lot of How to Get Away With Murder and was engrossed in their class action lawsuit storyline, lol....I know it’s tv but I just imagined how difficult it must be to pull something like that off). 
 

I’m just curious if this has ever been attempted. I have seen some small things about lawsuits for teenagers who committed suicide due to ADs. All settled individually, I think (pushed under the rug). I would never have the energy myself to invest time into this and I know I realistically wouldn’t feel better after, but maybe I’d feel some justice. Or it would give people adequate time to heal without worry of losing their jobs. I’m just not articulate enough to explain this horrible ordeal to anyone. But there are class action lawsuits for much smaller issues, I feel like! Doesnt this problem deserve justice for the people it’s harmed?

 

Has anyone else ever thought about this? I’ve never been a litigious person but seeing how many people are suffering on this site and knowing exactly how it feels, it’s so heartbreaking and creates a raging anger in me. Ultimately I feel like I won’t see anything in my lifetime considering these have been pushed for a few decades. But that could also be cynicism or ignorance on my part of how this stuff works. Also, today I’m feeling especially down about this whole situation so I’ve been ruminating on these thoughts. 
 

we need more people in the world and managing healthcare like the wonderful people who run this site. I honestly don’t know if I would be here otherwise. 

[HealingWithQi]

I've been hoping for something for years.  Spoke to a lawyer at one point who said there was nothing to be done unless there was already a class action in motion.  I guess we wait?

[tryingtosurvive330]

@HealingWithQi that feels so circular...I guess there’s only a certain type of lawyer or group who can do it but for a lawyer to say “there’s nothing to be done unless there’s already one in action..” well who do they expect would be the ones to begin one?

[HealingWithQi]

Exactly!  I guess only a very particular firm would have the resources or gusto to take it on.

[HealingWithQi]

He also said that since they put "discontinuation syndrome" in the literature, that we really don't have a case.  But as we've seen that doesn't quite cover the extent of harm done.  So maybe some brave young lawyer will be inspired to take on our case.

[tryingtosurvive330]

4 minutes ago, HealingWithQi said:

But as we've seen that doesn't quite cover the extent of harm done.

Right, because discontinuation syndrome is supposed to be “self limiting” and only last for a few days. Not drive people to the brink of losing their jobs and creating severe anxiety and depression that never existed before. 

[AlanC]

I live in the UK where recognition of the problems these drugs cause has started to be recognised My brother has repeatedly told me that, since the recognition is now there, I should attempt to take legal action over the harm I have suffered and the complete lack of anything approaching informed consent. I didn't hold out much hope, but I did start looking to see whether anything of the type has recently been attempted.

 

This quickly led me to Dr David Healy who has acted as an expert witness for a number of such cases. He has a series of posts on his blog about the death of Stephen O'Neill which give a very clear indication of just what such an attempt would be up against. As an expert witness, Dr Healy actually had access to the "evidence" that the drug companies use to "prove" the safety of their drugs. He calls it, quite simply, fake.

 

Despite that, and the fact that he is an expert in his field, he couldn't get anywhere. Stephen O'Neill's death, following an adverse reaction to a combination of an SSRI and an antibiotic with known SSRI-like effects and a history of causing suicide, was deemed to be an accident.

 

The post The Perfect Killing Machine shows how the problem is endemic to the way the whole medical system now works. Nobody is listening to patient experiences anymore: they're dismissed as "anecdotal".

 

It's incredibly disheartening. The system desperately needs to be shaken up somehow. But when a recognised expert such as Dr Healy, with clear evidence, can be ignored with impunity there doesn't seem to be much hope.