What is negligence?

Negligence Legalese Injury Law

What is negligence?

A person is negligent when he or she fails to act like the standard ordinary reasonable person. Of course the critical issue in many cases is just how an “ordinary, reasonable person” was expected to act in the particular situation that caused the injury.

For example, an ordinary, reasonable person can travel down the Interstate, which has a posted speed limit of 65 miles per hour, at 65 miles per hour. However, if dense fog is present, the same ordinary, reasonable person would be expected to reduce his/her speed of travel. Suppose someone plows into your car while she was driving at 55 or 45 or 35? Would that be what the standard ordinary reasonable person should have done?

The determination of whether a given person has met his/her “ordinary reasonable person” standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial.

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Was Paxil approved by FDA? Why was it prescribed? What are the adverse side effects of taking Paxil?

Paxil Side Effects And Uses Drug Toxic Chemicals

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Was Paxil approved by FDA? Why was it prescribed? What are the adverse side effects of taking Paxil?

Paxil is an anti-depressant drug, approved by the FDA for use in adults suffering from depression, obsessive compulsive disorder, panic disorder, and social anxiety disorder. The FDA later approved Paxil for use in treating post-traumatic stress syndrome. The FDA never approved the use of Paxil for children; however, Glaxo-Smith-Kline, the manufacturer of Paxil, promoted the use of Paxil for children to doctors who believed that it was safe and effective.

Patients who have had Paxil prescribed for them have exhibited significantly increased suicidal and homicidal tendencies, resulting in suicide attempts, suicides, and homicides. In August of 2001, a jury awarded the relatives of a Wyoming man $8 million dollars in a wrongful death suit after the man, who had taken Paxil as prescribed by his Paxil is an antidepressant drug, approved by the FDA for use in adults suffering from depression, obsessive-compulsive disorder, panic disorder, and social anxiety disorder. The FDA later approved Paxil for use in treating posttraumatic stress syndrome. The FDA never approved the use of Paxil for children; however, GlaxoSmithKline, the manufacturer of Paxil, promoted the use of Paxil for children to doctors as safe and effective.

Babies of mothers who have taken Paxil during pregnancy have suffered from an array of side effects linked to SSRI (selective serotonin reuptake inhibitor) antidepressants. Heart defects that involve holes in heart walls have been particularly linked to Paxil.

Patients who have had Paxil prescribed for them have also exhibited significantly increased suicidal and homicidal tendencies, resulting in suicide attempts, suicides, and homicides. In August of 2001, a jury awarded the relatives of a Wyoming man $8 million dollars in a wrongful death suit after the man, who had taken Paxil as prescribed by his doctor, killed his wife, daughter, and granddaughter before killing himself. One of the claims made in the case was that the manufacturer had known since 1990 that Paxil could cause homicidal and suicidal tendencies in certain people, but had failed to adequately notify doctors and patients about these tendencies.

Additionally, in 2004 the Attorney General of New York negotiated a settlement over claims that the manufacturer had committed fraud by promoting the use of Paxil in children. The manufacturer was accused of concealing information from four different studies which concluded that Paxil was not only ineffective in treating depression in children, but that it greatly increased suicidal tendencies in children who took it.

Finally, although Paxil’s manufacturer marketed the drug for years as “non-habit forming”, many users found that they were unable to discontinue use of the drug, even under a doctor’s care, due to severe side effects including the feeling of electrical “zaps”, dizziness and vertigo, extreme nausea and vomiting, anorexia, aggression, irritability, sleep disturbances, sweating, and memory and concentration difficulties. Paxil became a drug that some patients were required to continue taking to keep these symptoms at bay. Nonetheless, it was 9 years after Paxil was first approved by the FDA before the FDA required stricter warnings about the side effects of withdrawal.

These increased suicidal and homicidal tendencies, in children and adults, as well as some patients’ inability to discontinue taking Paxil due to severe side effects have formed the basis for a number of cases against GlaxoSmithKline around the country.

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What is ‘strict liability’?

Strict Liabilty Legal Remedies General Practice

What is ‘strict liability’?

Strict liability is a legal doctrine that makes some persons responsible for damages their actions or products cause, regardless of any “fault” on their part.

Strict liability often applies when people engage in inherently hazardous activities, such as doing “blasting” in a city, or keeping wild circus animals. If the blasting damages you — no matter how careful the blasting company was — it is liable for the injury. Similarly if the animals escape and injure someone, the fact that the circus used the world’s strongest cages and the highest standard of care imaginable will not let it get off the hook.

Strict liability also may apply in the case of certain manufactured products. In strict product liability, typically anyone who is engaged in the stream of commence of the product (from the manufacturer to the wholesaler to the retailer, or all of them) can be held responsible if the product was defective and someone was injured. There is no need to prove negligence but the injured party must prove that the product was defective.

Defective products may be the result of bad manufacturing for the failure to provide adequate instructions for the use of the product. Those engaged in the stream of commerce with respect to products should reasonably foresee that some people will misuse the product and should design the product so that injury does not occur.

Disclaimers and waivers of liability for products are often invalidated by courts as against public policy (courts should not condone the manufacture and distribution of defective products) and typically warranties are limited so that manufacturers and retailers are held responsible for personal injuries caused by the use of the product.

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When Did Makers Of Paxil Know About Risk Of Suicide In Kids?

Makers Of Paxil Know About Suicide Risks Drug Toxic Chemicals

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When Did Makers Of Paxil Know About Risk Of Suicide In Kids?

GlaxoSmithKline (GSK), the maker of the popular antidepressant drug Paxil, may have known for years about the risks of suicide in adolescents now being linked to the drug. That’s what Iowa Senator Charles Grassley is claiming and he’s asked the U.S. Food and Drug Administration (FDA) to investigate what GSK knew and when they knew it.
The investigation
Senator Charles Grassley (R-IA), along with other senators, has asked the FDA to investigate whether GSK knew about the risks of suicide in adolescent patients who have been prescribed the antidepressant drug, Paxil. Grassley asked the FDA to investigate following a report from a British regulatory agency that suggests GSK knew about these risks since 1998, but withheld the information from the FDA and consumers.
What is Paxil?
Paxil, or paroxetine hydrochloride, is an SSRI (selective serotonin reuptake inhibitor) prescribed for the treatment of depression, generalized anxiety disorder, panic disorder, obsessive compulsive disorder, post traumatic stress disorder and social anxiety disorder. Manufactured by GSK, Paxil received FDA approval in 1992 and it is estimated that nearly 100 million prescriptions are filled each year. Although Paxil was not approved for use by anyone under the age of 18, experts say that many doctors have prescribed the drug to adolescents for a variety of off-label uses. According to the drug’s website, www.paxilcr.com:
Paxil CR is approved only for adults 18 years and over. In some children and teen, antidepressants increase suicidal thoughts or actions. Young adults, especially those with depression, may be at increased risk of suicidal actions.
The FDA required that GSK add the above warning in 2004; however, many believe that the company knew of the increased risks of suicide for years beforehand, but failed to provide that information to the FDA and consumers. If you believe your child was harmed by Paxil, contact an attorney whose practice focuses in this area of the law to discuss your situation. Consultations are free, without obligation and are strictly confidential. To contact an experienced attorney, please click here. We may be able to help.

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What is a tort?

Tort Injury Law

What is a tort?

A tort is a private or civil wrong or injury (other than breach of contract) for which a court of law may provide a remedy through a lawsuit for damages (compensation). When a person violates his/her duty to others created under general (or statutory) law, a tort has been committed.

The four elements present in a typical tort lawsuit are:

(1) The existence of a legal duty owed by a person to others

(2) The breach of the duty by one person (negligence)

(3) The breach of the duty being the proximate cause of damages suffered by a person

(4) Damages incurred by a person.

Each of the four elements of a tort typically must be present to be compensated.

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Judge Rules GlaxoSmithKline Cannot Claim Preemption in Paxil Case

Judge Rules Against Paxil Preemption Drug Toxic Chemicals

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Judge Rules GlaxoSmithKline Cannot Claim Preemption in Paxil Case

Eli Lilly, the manufacturer of the antipsychotic drug Zyprexa, has said that it simply doesn’t agree with the allegations of several states’ attorney generals that it has illegally marketed the drug, concealed its harmful side effects, and encouraged doctors to prescribe it for unapproved uses. However, recent testimony against the company by an FDA official and nine pending state lawsuits don’t hold out much promise for the manufacturer.
What is Zyprexa?
Introduced in 1996, Zyprexa (olanzapine) is prescribed to treat schizophrenia, acute mixed or manic episodes of bipolar disorder and maintaining the treatment of bipolar disorder. According to news reports, Eli Lilly has concealed the harmful health risks associated with Zyprexa – including an increased risk for diabetes. The company allegedly told its sales representatives to ‘play down’ the side effects as sales of the drug were high – over $4 billion last year. It is estimated that 20 million people have taken the drug worldwide.
Nine states suing manufacturer?
Nine states have sued Eli Lilly over these practices – Connecticut being the latest. Connecticut’s long time Attorney General, Richard Blumenthal, has alleged:
Eli Lilly allegedly corrupted physicians, pharmacies and administrators at nursing homes and youth detention centers as part of a massive illegal marketing campaign to promote Zyprexa for unapproved off-label uses, including for the treatment of children.
Eli Lilly has denied the charges and is urging patients to continue using the drug. However, the company has already agreed to pay $1.2 billion to settle nearly 30,000 lawsuits for people who alleged to have developed diabetes or other diseases related to the drug. Thousands of lawsuits are still pending.
FDA Official Testifies Against Eli Lilly
An official from the FDA (Food and Drug Administration) testified against Eli Lilly in an Alaska case, the first of the nine to go to trial. According to news reports, the official told the jury that Eli Lilly wasn’t sufficiently concerned about patient welfare. He was quoted as saying, “Simply put, it’s putting profit over the concern of the consumer.”
If you’ve been injured by Zyprexa, contact an attorney whose practice focuses in this area of law to discuss your situation. Consultations are free, without obligation and strictly confidential. To contact a qualified attorney, please click here.

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What is an ‘intervening cause’?

Intervening Cause Injury Law

What is an ‘intervening cause’?

An intervening cause comes between one act (or failure to act) which alters the natural and continuous series of events that follows. When an intervening cause is present, since the natural chain of events have been changed due to the subsequent act of another, the initial actor may be relieved of the responsibility for an injury that is produced. In the example provided for proximate cause, the act of the stranger picking up the ball and throwing it through the window is an intervening cause which relieves you from the responsibility for injury which may have occurred as a result of your act. The responsibility for the injury to the lady is shifted and the stranger’s act becomes the proximate cause for the lady’s injury.

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My wife had Paxil prescribed for her but decided to quit taking it without talking to her doctor. She suffered terrible withdrawal symptoms, including intense dizziness and vertigo which caused her to fall down a flight of stairs and seriously injure herself. How can we prove that the drug caused her dizzy spells? Will our damages be reduced because she decided on her own to stop taking the drug?

Paxil Withdrawl Symptoms Drug Toxic Chemicals

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My wife had Paxil prescribed for her but decided to quit taking it without talking to her doctor. She suffered terrible withdrawal symptoms, including intense dizziness and vertigo which caused her to fall down a flight of stairs and seriously injure herself. How can we prove that the drug caused her dizzy spells? Will our damages be reduced because she decided on her own to stop taking the drug?

Paxil has been found to cause severe withdrawal symptoms in a number of people. These symptoms can include dizziness and vertigo which, if left untreated, can lead to the type of spells that caused your wife’s accident. GlaxoSmithKline, the manufacturer of Paxil, was apparently aware of these symptoms but did not specifically warn doctors about them until Paxil had been on the market for nine years. Therefore, you may have a case against the manufacturer of Paxil, depending on when your wife began taking the Paxil.

You may also have a case against your wife’s doctor. If she began taking Paxil after the increased warnings were put into effect, GlaxoSmithKline may argue that it was up to your wife’s doctor to tell her about the severe withdrawal symptoms. If your wife’s doctor did not talk about these symptoms, your wife may be able to successfully sue him or her for malpractice.

Your wife’s doctor may argue that she brought the severe withdrawal symptoms on herself by discontinuing the drug without talking it over with the doctor first or without coming up with an actual withdrawal plan. The severity of the symptoms may have been controlled if your wife’s doctor had been involved, and your wife’s doctor may also have been able to monitor her withdrawal to help her compensate for or overcome any symptoms. Therefore, the fact that she stopped taking the drug without talking to her doctor first may reduce her damage award. How much depends on where your case is located. Your attorney will be able to work with you to develop a strategy to deal with this.

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What is ‘proximate cause’?

Proximate Causes Injury Law

What is ‘proximate cause’?

Proximate cause is the initial act which sets off a natural and continuous sequence of events that produces injury. In the absence of the initial act which produces injury, no injury would have resulted. Any time you act, you start a series of natural and continuous events to occur (for example, after swinging your arm with a ball in your hand, you release it and the ball then rolls down a hill).

Responsibility for injury lies with the last negligent act that produces the injury (after the ball rolls down the hill, a stranger picks it up, throws it through a window which breaks the glass, causing the glass to shatter and strike a person who was sitting next to the window, cutting her arm and requiring her to obtain medical treatment). In this example, although you caused the ball to roll down the hill, your act is not the proximate cause of the injury to the lady sitting next to the window, the stranger’s act is the proximate cause of the lady’s injury and the stranger, not you, should be held responsible for the injury that she suffered.

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My child’s doctor prescribed Paxil for her to treat her depression. She attempted suicide and, while she survived, she suffered significant brain damage. We believe her use of Paxil led to her suicide attempt. How do we prove this?

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My child’s doctor prescribed Paxil for her to treat her depression. She attempted suicide and, while she survived, she suffered significant brain damage. We believe her use of Paxil led to her suicide attempt. How do we prove this?

If your daughter was depressed, she may have had suicidal tendencies. However, the fact that she was taking Paxil, which was never approved for use in children and which has been linked to increased suicidal tendencies in children, definitely strengthens your case against the manufacturer of the drug as well as against your daughter’s doctor.

You should certainly consult with an experienced personal injury attorney as soon as possible to discuss your daughter’s case. You should be able to bring an action against GlaxoSmithKline, the manufacturer of Paxil. The FDA never approved the use of Paxil for treating pediatric depression and, in fact, issued a letter pointing out that not only had Paxil being used by children been linked to increased suicidal tendencies but that there was no evidence to show that Paxil actually helps children with depression and other related mental illnesses. Therefore, your case against GlaxoSmithKline is relatively strong.

You may also have a case against your daughter’s doctor. The doctor should have known that Paxil had not been approved for use in children. Furthermore, the FDA issued a letter charging that Paxil had not been proven effective for use with children and that its use might lead to increased suicidal tendencies. Your daughter’s doctor should have known about that letter and should have acted accordingly to make sure that your daughter was safe. Your attorney can help you decide how best to proceed.

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