solicitors dropped our case

[simonyarwood]

We had some bad news today, the solicitors acting on our behalf, wrote to us saying they could not find a link between Susan trying to kill herself (several times) and the use of Seroxat, and that they will no longer handle our case, they have been dealing with this for the past 7 years or so…. and after this time, that is their conclusion…. useless, all they see is text book stuff, they cannot see outside of the box the way I can.

This is going to be a big challenge for me, but I am going to fight Glaxo single handly in court.. so watch this space.

The solicitors that dropped our case had originally stated in letters to us the following:

“We are able to confirm that following the preliminary screening of your medical records we have been able to identify a Seroxat withdrawel “fingerprint” without the existence of any of the confounding factors which would rule your claim out of the Group Action”

7 or 8 years the solicitors have dealt with this case, and they drop it with just 8 weeks left on the 10 year limitation… something stinks, and I won’t let it rest!!

[simonyarwood]

so, we have just 8 weeks to start the ball rolling to get this to court before the 10 year limitation runs out, can anyone advise us on how to at least get this to court

[Buxy`s Back]

Simon i am so sorry to hear this,and yes the 10 year limitaion thing stinks big time.
I really don,t know the answer to getting it to court before it runs out i wish i could help,im sorry i just wanted to say that i am so very sorry to hear this.If nothing can be done legally then i suppose all that can be done is to carry on the fight getting your story out there.If i lose my cases thats the only way i can think of to get closure of the suffering...show the world what these murdering bastards have done.
Good luck with getting help with your fight.

[simonyarwood]

I think GSK got to the solicitors in some way, the trouble with the British solicitors, they have to backbone

[Buxy`s Back]

maybe GSK got to the experts that the solicitors are using!!!!!!! just look at the last panorama and Dr Keller, i think anyone can be bought for the right amount

[mouse]

Hello Simon
Im in Ireland Myself
You can private message me and ill send you my mobile number.

[simonyarwood]

Hello Mouse,

where abouts are you in Ireland??, we are in the UK at the moment dealing with this case,

Simon

[mouse]

Im in wicklow
I just left a message on your website "whos depressed"
I am part of the hugh james class action myself.

[simonyarwood]

Hugh James... yes, let me know when your letter arrives saying you don't have a case... something stinks with this, someone has caved in under pressure from GSK., Wicklow..., not that far, were down the road in Gorey (that's when were not in the UK dealing with this)

[simonyarwood]

mouse, do you have a website?, truthman something or other?

[mouse]

Would prefer to chat privately about that..
Just cleared my inbox ..

[mouse]

Gorey is just down the road from me , I think its good to stay in contact with others who have been through this awful experience, theres strength in numbers.

[Delynbetter]

they drop it with just 8 weeks

Almost as long as GSK actually tested this crap in their drug trials.

[rdjanis]

Originally Posted by simonyarwood

7 or 8 years the solicitors have dealt with this case, and they drop it with just 8 weeks left on the 10 year limitation… something stinks, and I won’t let it rest!!

Google paxil lawyers, check out websites and only contact those lawyers that list ssri court cases etc so you know they are experienced in the field. Don't limited yourself to your own country, if you have a case, the lawyers will handle it no matter where you are.

Your right, something stinks here, and I would bet a 'real' lawyer would have a hay day with this one.

Is it too personal asking the law firm you were dealing with?

[musicman]

Hi Simon...
I was refused access to the hugh james class action because of the 10 year rule..
I was on seroxat for 12 years.. After 30 months off the drug i am still very mentally and physically debilitated due to seroxat, so this drug has now cost me nearly 15 years of my life.. i am too incapacitated to work and the state refuses to accept prolonged wd.. so i have no income.. and have to rely totally on my wife for support.. and she only earns a minimal income..
Yes i agree whole heartedly, the system stinks.... something needs to be done... We are fraudulently given drugs that induce mental and physical illness.. which in turn destroys our human rights.. it takes away our feelings and emotions.. which is the core of the human experience.. and because of this, the system denies us all our social rights as well..

Paul..

[zappelina]

Hi Simon,so sorry you can´t get your case to court. Something definitely stinks here or why else would they drop your case this late... I was first on Seroxat and then on Zoloft and have suffered side effects and a long, painful withdrawal and still have lots of problems after nearly three years off. I´m in Sweden and we can´t sue at all for this due to a ridiculous system called the "drug damage insurance" which is supposed to compensate people damaged by drugs but handled by an insurance company connected to the pharmaceutical industry. So far nobody has got any compensation at all for any kind of drug withdrawal. I´ve been in touch with a couple of US law firms but was told they don´t take cases outside the US.

Maybe Europeans who can´t sue should think about joining forces and take it to the court of human rights just to draw attention to our problems and the fact that we can´t get justice? I looked into it and apparently they don´t take cases that haven´t first been tried in your country of residence but I still feel we should report it all to them.

[simonyarwood]

I found this:

STATUTE OF LIMITATION

There are time limits regarding the last date on which medical negligence claims can be started in a court of law and if the case has not been settled and damages paid by agreement prior to that time or proceedings have not been issued in the court then the opportunity to claim damages may have been lost forever. The reason for the time limit imposed by a statute of limitation relates principally to the reliability and availability of evidence after a long period has passed and the necessity to bring about closure after a certain period of time to allow all parties to move forward with confidence in the knowledge that matters relating to a potential claim will not unexpectedly arise.

The primary period is three years from the date of the negligence however “The Limitation Act 1980” extends this primary period as follows:


* The 3 year period does not start running until the date on which the claimant knows the identity of the defendant and has knowledge that the injury in question was significant and was attributable to negligence.
* If an injured person is suffering from mental disability then time does not start to run until mental capacity has returned. In cases of long-term mental incapacity an action for compensation can be started long after the primary limitation period has expired. Effectively the statute of limitation allows a permanently mentally disabled person to take legal action at any time which is particularly important for those who have been mentally incapacitated by birth injuries including cerebral palsy.
* The three year period does not start running until the potential claimant reaches the age of 18 years and effectively expires on the eve of the 21st birthday.
* The courts can extend the time limits at their discretion but this is a rare event.



Note this part:

* If an injured person is suffering from mental disability then time does not start to run until mental capacity has returned.

So, if you have been "injured" by Seroxat / Paxil, I take it the STATUTE OF LIMITATION does not start until your mental capacity has returned, and I would say that is when you have got off the Seroxat /Paxil and fully recovered, which in Susan's case was in 2006, Susan first started on Seroxat in 1997, and her mental capacity returned in 2006.

does this make sense?

[simonyarwood]

hello zappelina,

hugh james may have dropped the case, but I have not, I am working around the clock to get this to court myself, I am at this moment getting all the evidence I need, Susan has a very strong case and the medical experts report is laughable,

here are some parts of that report (gained from Susan's medical records from 1997 to 2006

# Various entries refer to overdoses over time.

# There are references to low mood.

# Persistant withdrawal symptoms from Seroxat.

# "On paroxetine 40mg for 18/12 prior to that tried to stop to 20mg and found she was worse" . This could refer to a relapse in depression or possible withdrawal of peroxetine.




Conclusion (of the medical expert)

There is no convincing evidence of any Paroxetine withdrawal contained in GP notes. There is no objective evidence for paroxetine withdrawal.



so what is self harm??

[mouse]

Was the medical expert who reviewed Susans' Med records someone called "Jan Wise "?

[Buxy`s Back]

ditto,after being told as far back in January that althogh a so called expert gave me a negative they wished to carry on with my case in the class action.My papers were served to the court in february this year which left 4 mths till they were served on GSK.3 weeks to go,i received another letter which stated due to the negitive from the so called expert they would get another oppinion off the top ssri expert but it would cost me money,so i agreed as i am not giving up for justice,this came back that he could argue in court i have been damaged by seroxat,but as i was also on stelazine(gsk) from 1998 til feb 02 he could not say that didnt cause me as much damage.My argument was that in Nov 2003,18 mths after stopping stelazine and getting over a cold turkey attempt from seroxat i was back to work and functioning to some degree i even had a socila life again.
Then i strted suffering withdrawal symptoms yet again while tapering seroxat,and the siht hit the fan in october 2004 after stopping my last dose of the poison in the september,but they dont want to listen to this argument ,that if i was as well as you can be on the poison and back to work ect after 18 mths off stelazine then i fail to see how it could be considered that stelazine played a part this time round.
My biggest issue is that in Jan they wished to carry on my case despite a negitive,then they decided to spring it on me i needed a second oppinion with 3 weeks to go for my 10 year limitation, why diod they not tell me this back in Jan?,i smell a rat too.Like Simon i am going down the other avenue and going on the 3 year from time of realisation from awareness of negligence ect as i am not yet back to full mental health.