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Action / Protests / Legal Has your experience with Paxil motivated outward change? Discuss in here!

Adverse Drug Reaction Reporting    FDA Warnings    Published Withdrawal Studies    Pregnancy Warnings    Forum Psychology

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Old 10-17-2011, 08:06 AM   #1
miriza
 
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Are there any grounds for a lawsuit?

If a patient knows he/she is having an adverse reaction to medication. If the patient provides very clear cut evidence of this adverse reaction but is ignored by the doctor, are there grounds for a malpractice lawsuit? I do not care about $. I want the doctors to be reprimanded and the law to be changed to protect the patient.

In my particular case I was nursing my baby girl and before taking Zoloft for anxiety I decidef to research whether it would show up in my milk and whether it was safe for her. I found info on the web saying it was safe but to be doubly safe I could try to avoid nursing her near the peak of Zolofts concentration in the blood, which I found it to be 7-10 hours.
I take my first dose of Zoloft at 9:00 pm and wake up at 4:30 am with a panic attack (immediately when I wake up). We vall 911 and tell them that I was having a pamic attack caused by the Zoloft. I tell them that I knew it was Zoloft since the panic attack awoke me and its timing coincided perfectly with the Zolofts peak time. I tell the same to every single doctor I see at both the ER and at the mental hospital but they all chose to ignore me.... I doubt they even tried to corroborate what I was saying...who am I to know more than them? This single incident started my nightmare with psychiatry. 14 different drugs in 5 months and my personality, job, relationships, cognition have been terribly affected.

Not looking for money or vengeance....just looking for change.
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Old 10-17-2011, 10:26 AM   #2
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Re: Are there any grounds for a lawsuit?

What were you given zoloft for?
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Old 10-17-2011, 10:44 AM   #3
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Re: Are there any grounds for a lawsuit?

I was given Zoloft for anxiety.
After the 1st dose it gave me a panic attack, racing thoughts and suicidal ideation--the last two symptoms started when I was already at the ER

At the mental hospital I am given more SSRIs with adverse reactions (1 dose of Celexa or Lexapro = wake up with hallucinations about 3 hours later)...Finally leave on a tricyclic and benzos.

Once at home I want to get off of everything since it was obvious that psych meds were not suiting me. I started feeling suicidal after a few days on the tricyclic but I also developed some PTSD from being at the mental hospital, which confused the issue...I could no longer see clearly what was the trauma vs. the adverse effects of the tricyclic (I now understand 90% of what I was feeling was due to the meds)...So I stay on the drug and then other symptoms such as anger/rage/mild psychosis started and everytime I felt worse the doctors would up the dose or add something else...Here I am 5 months withdrawing from the tricyclic and wondering if my old self will be back...

The good lesson I learned from this is to trust my gut feelings more...hope it's not too late for that...

By the way, when my husband called 911 he clearly stated that I was having an adverse reaction to Zoloft. We are trying to get the transcript of the 911 call...

I've also since then found that I should have been prescribed 25 mg of Zoloft (instead of 50 mg) for anxiety, since it can be too activating for some people...I probably would have reacted to 25 mg anyways...
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Old 10-17-2011, 03:37 PM   #4
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Re: Are there any grounds for a lawsuit?

Let me play devils advocate for what you would have to endure to have a case.

1. Do you have an expert witness to that can prove, beyond a reasonable doubt, that the zoloft caused the panic attack?
2. You went to a psychiatrist for anxiety, which is known to have the potential for panic attacks. You were worried about taking it while nursing, so your anxiety level was elevated after the one dose.
3. Even though you stated that this was an adverse reaction, you continued to take other drugs.
4. Zoloft doesn't reach "therapeutic level" until 6-8 weeks of use, so encouraging it's continued use would be normal procedure.
5. What physical damage can you prove was "directly" related to the one dose of zoloft..this must be documented with substantiated medical findings.

Not trying to bust your chops, but a lawsuit for this going to be impossible. Once someone has the "anxiety" diagnosis, having a panic attack would be considered part of the disease process. Just because you believe it to be an adverse reaction, doesn't mean that it was, and this is how a court of law is going to take it.

Concentrate on healing.
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Old 10-17-2011, 04:15 PM   #5
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Re: Are there any grounds for a lawsuit?

Oh It was an adverse reaction for sure. One dose of Lexapro a few days later into my hospital stay made me hallucinate-for the first time ever in my life.

It is also well known that although a drug reaches therapeutic levels 4-6 weeks into treatment, even one dose can cause side effects. I am sure you know that though...

I totally see what you're saying though...but I just don't want others to go through the same I did...if a patient is aware that a drug made him suicidal, shouldn't it become common practice to stop the drug (if not used for long) and keep him under observation for a few days....instead of giving him more drugs and having him have other adverse reactions (e.g. hallucinate)? Why does the default have to be more drugs rather than wait and see?
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*Poly-drugged since May 2011 (14 meds in 4 months-paradox. reactions to all). From mild anxiety to almost psychosis on meds. IT IS THE MEDS, NOT ME!
*Elavil:
75 mg -> 37.5 (12d)
Imipramine:
37.5 mg -> 0 (1 mo,10/08/11): akathisia!
5 mg -> 0 (1 mo,11/29/11)
Now in w/d hell and missing my old self.
Please go to http://www.askapatient.com and leave a review of your med(s) and w/d experience.
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Old 10-17-2011, 05:31 PM   #6
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Re: Are there any grounds for a lawsuit?

Quote:
Originally Posted by miriza View Post

I totally see what you're saying though...but I just don't want others to go through the same I did...if a patient is aware that a drug made him suicidal, shouldn't it become common practice to stop the drug (if not used for long) and keep him under observation for a few days....instead of giving him more drugs and having him have other adverse reactions (e.g. hallucinate)? Why does the default have to be more drugs rather than wait and see?
Other are going to go through it, regardless of the facts. The facts have been out there since 2004 when the FDA warnings went up(which now protects pharma from lawsuits), but people will still run to these drugs when things get tough, believing that it won't happen to them, until it does.

Sadly, once someone has a psychiatric "diagnosis" drug reactions are dismissed. This hasn't changed, even with the warnings out there. And the "adverse reaction" will be dismissed and the user has no way to prove otherwise.
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Old 12-04-2011, 01:01 PM   #7
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Re: Are there any grounds for a lawsuit?

Big Pharma has a strong lobby presence in Washington as well as a lot of $$$ for lawyers. With our justice system, that is almost insurmountable.
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