Manufacturer Doctor Defense Drug Toxic Chemicals
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What defenses are the drug manufacturer and/or my doctor likely to use?
The basic defense that GlaxoSmithKline will probably rely on is that the use of Paxil did not cause birth defects, increase the chances of the user’s suicide attempt or commission, or create withdrawal symptoms. You can expect that they will try to use medical records in suicide cases to show that the patient had suicidal or homicidal tendencies before starting on Paxil. They will then argue that the use of Paxil did not increase these tendencies, but that it was a failure of the overall treatment plan that led to the incident. In the case of severe withdrawal symptoms, GlaxoSmithKline may, depending on when Paxil was first prescribed for you, argue that your doctor improperly prescribed Paxil after being warned about severe withdrawal symptoms.
If the doctor is also a party to the suit, you can expect that his or her arguments will try to shift all blame to the manufacturer of the drug, stating that GlaxoSmithKline advertised the drug in a misleading way that did not properly advise health professionals of the risks associated with its use. How strong this argument is will depend on the specific facts of your case. Your attorney will be able to advise you.
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