Zantac Lawsuit


Researching drug company and regulatory malfeasance for over 16 years
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Showing posts sorted by relevance for query dolin. Sort by date Show all posts
Showing posts sorted by relevance for query dolin. Sort by date Show all posts

Thursday, April 20, 2017

Dolin Vs GSK - The Verdict





“Don’t you think if these medicines caused suicide someone would have spoken up?” ~ Andy Bayman - King & Spalding.

The jury have.


GlaxoSmithKline have been found guilty by a jury today in Chicago.

The jury found for plaintiff, Wendy Dolin, who filed suit against GlaxoSmithKline after her husband, Stewart, took his life 6 days after being started on a generic version of Glaxo's controversial antidepressant Paxil (known as Seroxat in Europe)

The jury found GlaxoSmithKline liable for the death of Reed Smith LLP partner Stewart Dolin and ordered the pharmaceutical giant to pay $3 million to his widow, Wendy Dolin, reaching the conclusion that a generic version of GSK’s Paxil caused Dolin to take his own life.

Officials from GSK said the verdict was disappointing and that they plan to appeal.

(Insert feelings of shock here)

A huge congratulations to Wendy and her legal team; Brent Wisner of Baum, Hedlund, Aristei & Goldman, PC, Los Angeles and David Rapoport of Rapoport Law Offices, Chicago.

Updates coming later. In the meantime, here's some of the reasons why the jury returned a guilty verdict. Click on images to enlarge. Images courtesy of Baum Hedlund. But first, read the press release from Baum Hedlund.

PRESS RELEASE - Baum Hedlund

$3M Jury Verdict Against GSK in Landmark Paxil Suicide Case

April 20, 2017, Chicago, Illinois - - A federal jury has sided with the widow of a deceased Chicago attorney in her generic Paxil suicide lawsuit against GlaxoSmithKline (GSK), ordering the pharmaceutical giant to pay $3 million.

The jury verdict resolves allegations in the trial of Dolin v. Smithkline Beecham Corp. (D/B/A GlaxoSmithKline-GSK) over the paroxetine-induced wrongful death of Wendy Dolin’s late husband, Stewart Dolin, who was a partner at the Chicago law firm Reed Smith when he took his own life in 2010. 

“We are very pleased with the jury’s verdict and are grateful for their diligent service,” said Brent Wisner, co-lead trial counsel for Ms. Dolin in the Paxil suicide case. “We feel justice has been served, and are hopeful this verdict will result in a labeling change to warn that people of all ages are at risk. This should send a clear message to GSK and other drug manufacturers that hiding data and manipulating science will not be tolerated. Brand drug manufacturers have the ability and responsibility to make their drug labels accurate. If you create a drug and know that it poses serious risks, regardless of whether consumers use the brand name or generic version of that drug, you have a duty to warn.”

On July 10, 2010, 57-year-old Stewart Dolin began taking the prescription antidepressant medication paroxetine. The brand name version of this medication is called Paxil, which was researched, developed, manufactured and marketed by GSK. Paroxetine and Paxil are the same chemical compound and both use the same product information labeling. GSK created and was responsible for maintaining the accuracy of the Paxil label.

In the early afternoon on July 15, 2010, Stewart Dolin died when he was struck by a CTA Blue-Line train in the subway station near Washington Street in Chicago. Just before this, a nurse at the subway station who did not know Mr. Dolin noticed him pacing back and forth while looking in the direction of an approaching train that was not yet in sight. When the moving train appeared, the nurse observed Mr. Dolin leap in front of the train, where he was struck. Mr. Dolin was pronounced dead from the injuries he suffered due to the collision and his contact with the electrified track after the collision.

The lawsuit alleged GSK failed to adequately warn Mr. Dolin’s doctor about Paxil/paroxetine’s association with an increased risk of suicidal behavior in adults of all ages. The Court previously ruled that, although GSK did not manufacture the pills Mr. Dolin ingested, the company was responsible for the label and knew or should have known any failure to warn would result in harm to those taking generic versions of the drug.

“Glaxo has known for two decades that Paxil can cause people of all ages to commit suicide. The company not only hid the risk, but stuck its head in the sand and ignored countless suicides that occurred in its clinical trials,” said attorney Michael Baum, who also represented Ms. Dolin. He added that the drug’s Black Box warning – which states there is a suicide risk for children, adolescents and young adults, but the risk ends at age 24 – is “just wrong.”

During the five-week trial, GSK swore off its responsibility for ensuring the truthfulness of the label, arguing that, because the FDA never made GSK warn of a suicide risk, the company should be exonerated. According to Baum, this argument is “akin to a car speeding past a cop, the cop doesn’t stop the car, and the car crashes into another car and kills someone—the driver who killed someone cannot state it’s not his fault because the cop didn’t stop them.” 

In the end, the jury disagreed with GSK’s arguments, finding that the drug maker cannot sluff off its responsibility for its labeling just because the FDA let the company get away with it. 

Wendy Dolin was represented in her case by R. Brent Wisner and Michael Baum of Baum, Hedlund, Aristei & Goldman and David E. Rapoport and Matthew Sims of Rapoport Law Offices P.C.

For more information about the trial, visit baumhedlundlaw.com or MISSD.

Dolin v. GSK Trial Transcripts

Dolin v. GSK Trial Exhibits


Robin McCall
Media Relations & PR Manager
Baum, Hedlund, Aristei & Goldman, PC









Bob Fiddaman

Back stories

Dolin Vs GSK

Dolin v GSK - Opening Arguments

Dolin Vs GSK - Day Two - "Jack-In-The-Box"

Dolin vs GSK - Healy 'Rocks Da House'

Dolin Vs GSK - JP Garnier Video Deposition

Dolin Vs GSK - The Dunbar Tape

Dolin Vs GSK - Day 4 - Slam Dunk

Dolin Vs GSK - 8.9 Suicide Increase For Adult Paxil Users

Dolin Vs GSK - Day 6 - Ass Kicking Semantics

Dolin Vs GSK - Day 7 - Abraham Lincoln

Dolin Vs GSK - Day 8 - Get to the Point, Todd!

Dolin Vs GSK - Glenmullen Nails It!

Dolin Vs GSK - "Babes"

Dolin Vs GSK - Wendy's Cross and GSK's Petition

Dolin Vs GSK - Robert "Bling Bling" Gibbons

Dolin Vs GSK: Suicide Prevention Warning "Futile", Claims GSK Exec

Dolin Vs GSK : Jury shown List of the Dead in Paxil Clinical Trials

Dolin Vs GSK: Last Man Standing & The Return of Dr. Healy

Dolin Vs GSK: Closing Arguments




Thursday, March 22, 2018

GSK's Nutcracker Dilemma





nutcracker
A tough woman who, when provoked, will literally crack your nuts. - Urban Dictionary (5)


GSK has been delivered a swift kick in the gonads regarding the Dolin Vs GlaxoSmithKline appeal process.

The company was held liable in April 2017 when a jury found it responsible for the labeling on their Paxil product as well as generic equivalents.

Ever since then GSK, via their hired attorneys, King & Spalding, has been crying like big babies. Motions have been filed whereby they blame the jury. Motions have been filed whereby the blame the Judge too.

In fact, since this case first came to light GSK have blamed everyone but themselves, including the victim, Stewart Dolin, his doctor, and even the FDA!

Now they have someone else to blame, namely the States of California and Massachusetts.

In a decision released last Friday in Rafferty v. Merck, case number SJC-12347, the Massachusetts Supreme Judicial Court ruled that brand-name drug makers can be sued for recklessness if they intentionally fail to update warning labels for their products that makers of generic versions must also adopt. Rafferty had alleged that he suffered from side effects, including sexual dysfunction, after taking the generic version of Merck’s Proscar. Rafferty's case against Merck was previously thrown out but the ruling was reversed last week, allowing Rafferty to sue Merck for recklessness rather than negligence.

Recklessness basically means the claimant has to show that a drug maker intentionally failed to update its warning label despite knowing the risks. This was already proven in the original Dolin Vs GSK case; hence the jury reached a decision that found GSK liable. The jury found for Dolin and awarded her $3 million. However, she has not seen a penny as GSK has filed motion after motion in efforts to avoid paying and have the judgment overturned. Now the recent Massachusetts decision means GSK will have to rethink their strategy, possibly by blaming Wendy Dolin's next door neighbor's cat!

Back in December 2017,  the California Supreme Court also ruled that brand-name drug makers can be sued for failing to warn users about the risks of generic versions of their drugs.

It's not looking good for GSK as their appeal to the Seventh Circuit to overturn the Dolin verdict seems dead on arrival. Today's news is great for Dolin's attorneys, Baum Hedlund, who are now also looking to help consumers who have attempted suicide whilst taking paroxetine manufactured by Apotex.

Back stories of how the Dolin trial unfolded below.


Bob Fiddaman

Dolin v GSK - Opening Arguments

Dolin Vs GSK - Day Two - "Jack-In-The-Box"

Dolin vs GSK - Healy 'Rocks Da House'

Dolin Vs GSK - JP Garnier Video Deposition

Dolin Vs GSK - The Dunbar Tape

Dolin Vs GSK - Day 4 - Slam Dunk

Dolin Vs GSK - 8.9 Suicide Increase For Adult Paxil Users

Dolin Vs GSK - Day 6 - Ass Kicking Semantics

Dolin Vs GSK - Day 7 - Abraham Lincoln

Dolin Vs GSK - Day 8 - Get to the Point, Todd!

Dolin Vs GSK - Glenmullen Nails It!

Dolin Vs GSK - "Babes"

Dolin Vs GSK - Wendy's Cross and GSK's Petition

Dolin Vs GSK - Robert "Bling Bling" Gibbons

Dolin Vs GSK: Suicide Prevention Warning "Futile", Claims GSK Exec

Dolin Vs GSK: Jury shown List of the Dead in Paxil Clinical Trials

Dolin Vs GSK: Last Man Standing & The Return of Dr. Healy

Dolin Vs GSK: Closing Arguments

Dolin Vs GSK - The Verdict

Exclusive: Interview With Wendy Dolin


From Chicago to New York - The Legacy of Stewart Dolin

Dolin Wins...Again

Dolin Vs GSK: Personal Vendetta or Bigger Picture?


GSK's Attorney Labels His Failure An "Accomplishment"

Generic Paxil Lawsuits Filed




Friday, September 29, 2017

Dolin Vs GSK: Personal Vendetta or Bigger Picture?



Andrew Bayman - King & Spalding
Source: Google Images

Jury finds for plaintiff.
Defence appeals and asks for new trial.
Judge rejects defense motion for new trial.
The defense now rejects the decision of Judge.

The never-ending saga between the multi-billion dollar pharmaceutical corporation, GlaxoSmithKline, and grieving Chicago widow, Wendy Dolin, has taken yet another twist, one that was anticipated yet it shines a deplorable light on Glaxo and their hired attorneys from Atlanta, King & Spalding.

After losing their case against Dolin (Back story) Glaxo filed motions for a new trial citing amongst many things, that the judge, who led the trial, didn't allow them witnesses, didn't allow evidence to be brought in, didn't instruct the jury correctly. Further, they claimed that Dolin's expert witnesses were wrong and, unbelievably, the jury was too.

Being present at trial I witnessed Glaxo's attorneys, King & Spalding out of Atlanta, GA. They set their stall out early on by blaming everyone but the company they were representing. Stewart Dolin's Dr, Stewart Dolin's state of mind, another pharmaceutical company (Mylan), and the FDA. The laborious, and often quite funny, cross-examination of plaintiff witnesses by King & Spalding's "deadly duo", Andrew Bayman and Todd Davis was, for want of a better word, embarrassing.

Bayman, at times, looked like he was going to blow a gasket whilst the sleek, nae smarmy, Davis all too often blundered - his southern twang often sending the majority of jurors into a comatose state.

So, now, it appears once again that Glaxo doesn't wish to play ball with Dolin, or indeed the judge and jury, who awarded Dolin $3 million, to date she has not seen a penny of this.

Glaxo, via King & Spalding, has now posted a supersedeas bond of $3,037,400 to the court which will delay the $3 million owed to Wendy Dolin. (Nice)

To put this in laypersons terms, Glaxo are now rejecting Judge Hart's decision not to grant them a new trial and, by filing new documents and a supersedeas bond of $3,037,400 they are saying it's a matter of law that Judge Hart made the wrong decision in not permitting them a new trial.

The points they are making with the "new" files (now sent to the Court of Appeal) have already been addressed at trial, the jury heard the points, weren't convinced so returned a verdict against them.

King & Spalding, in particular, Andy Bayman, simply won't accept anything that doesn't fit into their belief system.

Imagine, if you will, the following scenario:

Bayman is like the kid in a classroom of 40 or so pupils who is told the answer to a question was successfully answered by 39 pupils, only one pupil got the answer wrong (him) - but he's having none of it and he's being urged to stand his ground by his parents, even though his parents know he is wrong too. The parents, in this case, being GSK and other pharmaceutical companies counsel.

I say other pharmaceutical companies counsel because the verdict has serious ramifications for other pharmaceutical companies whose patents have expired on their brands of antidepressants too.

King & Spalding are not just representing Glaxo, they are, in essence, representing other major pharmaceutical companies who were all waiting anxiously in the wings for a verdict of no liability in the Dolin case. Either that or Andrew Bayman has some sort of vendetta against Wendy Dolin? It's not often that one woman can take on the might of a pharmaceutical company and beat them. Maybe this is (excuse the pun) too much of a bitter pill to swallow for Bayman and he's taking it all very personally? Maybe he cannot accept that he had his chance and blew it - embarrassing himself in the process and, of course, letting down all of the other interested parties who were probably told the verdict would be favorable.

I find it difficult to accept that Bayman would take things personally. As much as I despise the pre-trial antics of King & Spalding (See here) I can't think for one minute why Bayman would have such a bee in his bonnet, other than the fact that he has let down the whole of the industry by failing to win a case that, presumably, he thought was a slam dunk!

When the verdict came back it opened the floodgates for other possible litigation against the bigger pharmaceutical companies and that, ladies and gentleman, is, more than likely, the real reason why Glaxo have chosen to pay $37,000 over the initial award of $3 million to try and hammer Stewart Dolin's widow into the ground.

Wendy Dolin, via her acclaimed team of Baum, Hedlund, Aristei & Goldman and Rapoport Law Offices, continue to show dignity - There's no shouting from the rooftops, "Give us what you owe us", nor, indeed, any form of gloating that they were successful at trial.

Glaxo now wants to hit the big stage, the 7th Circuit Court, where, once again, the spotlight will be thrown on a condition known as akathisia, a condition that can be induced in some people who take brand named antidepressants and, indeed, generic versions of the said brands.

Glaxo played down this condition during its clinical trials of Paxil, they played down the condition after the clinical trials and they continued to play down the condition during the Dolin trial.

What King & Spalding fail to see is the attention they are drawing to the condition that, for many, is an unknown word. To have the whole subject of akathisia played out on a big stage is a dream come true for advocates such as myself and, I'm sure the same can be said for Wendy Dolin and others left to mourn the loss of their dead children, husbands, and wives.

The Dolin trial was originally played out in Chicago, it drew local media attention once the verdict came through. I'm salivating at the prospect of the media attention akathisia will get once Glaxo takes it to the 7th Circuit Court.

This is one instance where I believe Glaxo, probably through bad legal advice, have shot themselves in the foot.

#TeamDolin


Bob Fiddaman

Back Stories

Coverage of the Dolin Trial

Dolin v GSK - Opening Arguments

Dolin Vs GSK - Day Two - "Jack-In-The-Box"

Dolin vs GSK - Healy 'Rocks Da House'

Dolin Vs GSK - JP Garnier Video Deposition

Dolin Vs GSK - The Dunbar Tape

Dolin Vs GSK - Day 4 - Slam Dunk

Dolin Vs GSK - 8.9 Suicide Increase For Adult Paxil Users

Dolin Vs GSK - Day 6 - Ass Kicking Semantics

Dolin Vs GSK - Day 7 - Abraham Lincoln

Dolin Vs GSK - Day 8 - Get to the Point, Todd!

Dolin Vs GSK - Glenmullen Nails It!

Dolin Vs GSK - "Babes"

Dolin Vs GSK - Wendy's Cross and GSK's Petition

Dolin Vs GSK - Robert "Bling Bling" Gibbons

Dolin Vs GSK: Suicide Prevention Warning "Futile", Claims GSK Exec

Dolin Vs GSK : Jury shown List of the Dead in Paxil Clinical Trials

Dolin Vs GSK: Last Man Standing & The Return of Dr. Healy

Dolin Vs GSK: Closing Arguments

Dolin Vs GSK - The Verdict

Exclusive: Interview With Wendy Dolin


From Chicago to New York - The Legacy of Stewart Dolin

Dolin Wins...Again








Monday, May 07, 2018

Titan 1 Jack-In-The-Box 0 - A Tale of Two Attorneys





Last December, I reported on how the legal-based website, Law360, had interviewed King & Spalding's top asshat asset, Andrew Bayman. In the article, Bayman said the Dolin Vs GSK trial, which Bayman lost, was his biggest 'accomplishment.'

Backstories of the trial and Bayman's interview are at the foot of this post.

Yesterday, Law360 flipped the coin and wrote a marvelous piece about one of Dolin's legal counsel, Brent Wisner of Baum Hedlund Aristei & Goldman. The headline reads, "Titan of the Plaintiffs Bar: Baum Hedlund's R. Brent Wisner". Link here (PDF Courtesy of  Baum, Hedlund, Aristei & Goldman)




Fitting that Law360 posted this on May 6 as it marked the 11 year anniversary of the death of 18-year-old Sara Carlin who, like Stewart Dolin, died by "suicide" after being prescribed Paxil (paroxetine)

I covered Sara's inquest on a daily basis and, just as I did for the Dolin trial, reported what mainstream media wouldn't. During Sara's inquest, I frequently spoke with her father, Neil. It was trying times for the Carlin's, more so because drug giant GSK decided to attend the inquest by sending its attorneys.

https://dlbjbjzgnk95t.cloudfront.net/1038000/1038729/7bb9df0242ca3431497cf7a317244a1b5b59c862-brent_wisner-300dpi-print.jpg

Fortunately, I was able to attend the Dolin trial and witnessed first-hand the brilliance of Dolin's counsel. Wisner (pictured above) and co-counsel, David Rapoport, carefully crafted and delivered evidence to the jury resulting in a victory for Wendy Dolin, the plaintiff and widow of Stewart Dolin. As Rapoport states in the Law360 article, "His witness examinations were consistently to the point, effective, interesting and often entertaining. He created a David v. Goliath atmosphere that I believe contributed to the plaintiff’s verdict."

I can't top Rapoport's words.

Being present at most of the trial, I witnessed two teams in action. Of course, I had a bias for the plaintiff but tried not to let that influence my reporting. It was interesting to see GlaxoSmithKline's attorneys in action as much as it was Wisner and Rapoport. In fact, I wouldn't be surprised if Andy Bayman required knee surgery after the trial due to constantly springing up from his chair at every given moment shouting 'Objection, your Honor!"

Remarkably, during Bayman's summation, he addressed the jury and rhetorically asked: "Don't you think if these medicines caused suicide someone would have spoken up?"

Unfortunately, the dead cannot speak, but prosecuting attorneys such as Brent "Titan" Wisner can and do speak for the dead. Despite GSK's effort to suppress info via its legal team and paint a false and unfavorable description of Stewart, Wisner introduced the real and likeable Stewart to the jury and the jury didn't buy GSK's attempts to falsely label Stewart as "mentally ill." 

Stewart did speak during the trial and he continues to speak today through the advocacy work of his widow and the caring law firm whose record against GlaxoSmithKline is most admirable. (Law360 also touched on Wisner's work surrounding his involvement in another case, this time against Monsanto Co.)

Law360 also touched on Wisner's work surrounding his involvement in another case, this time against Monsanto Co.

Wisner, Law360 claim, "leaked internal emails from Monsanto to the New York Times which suggested the agrochemical giant may have tried to ghostwrite academic articles exploring, among other things, the health risks of its products. Wisner obtained the documents from the company in a San Francisco federal court case that alleges the company's top-selling weed killer Roundup causes non-Hodgkin's lymphoma."

I have to take my hat off to anyone who leaks drug company internal emails as for too long such emails have been kept hidden from the public.

The success of the Dolin verdict has opened the door for more Paxil lawsuits and this is a positive step for consumers. Brent's employer's, Baum Hedlund, is now investigating more Paxil suicide cases on behalf of families whose loved ones have taken their lives and/or been harmed while on Paxil.

On September 1, 2017, Baum Hedlund sent a letter to Apotex, the current manufacturer of Paxil and paroxetine, putting the company on notice that the Paxil label is inadequate. For a Free Case Evaluation visit here.

With yet another success against GlaxoSmithKline under their belt, Baum Hedlund are now taking on the might of Monsanto.

On December 26, 2015, Californian farmer, Jack McCall passed away after suffering a massive stroke due to complications from a rare version of non-Hodgkin lymphoma. His wife, Teri, has now has filed a wrongful death lawsuit against Monsanto, claiming exposure to Roundup caused her late husband to develop cancer.

More about Jack McCall and further information regarding RoundUp lawsuits can be found here.

This post is dedicated to the memories of Stewart and Sara, both of whom who should be here today, both of whom whose lives tragically ended after taking Paxil.

Nessun dorma.

Bob Fiddaman

Backstories

Dolin Vs GSK

Dolin v GSK - Opening Arguments

Dolin Vs GSK - Day Two - "Jack-In-The-Box"

Dolin vs GSK - Healy 'Rocks Da House'

Dolin Vs GSK - JP Garnier Video Deposition

Dolin Vs GSK - The Dunbar Tape

Dolin Vs GSK - Day 4 - Slam Dunk

Dolin Vs GSK - 8.9 Suicide Increase For Adult Paxil Users

Dolin Vs GSK - Day 6 - Ass Kicking Semantics

Dolin Vs GSK - Day 7 - Abraham Lincoln

Dolin Vs GSK - Day 8 - Get to the Point, Todd!

Dolin Vs GSK - Glenmullen Nails It!

Dolin Vs GSK - "Babes"

Dolin Vs GSK - Wendy's Cross and GSK's Petition

Dolin Vs GSK - Robert "Bling Bling" Gibbons

Dolin Vs GSK: Suicide Prevention Warning "Futile", Claims GSK Exec

Dolin Vs GSK : Jury shown List of the Dead in Paxil Clinical Trials

Dolin Vs GSK: Last Man Standing & The Return of Dr. Healy

Dolin Vs GSK: Closing Arguments




Sara Carlin




Monday, December 18, 2017

GSK's Attorney Labels His Failure An "Accomplishment"



King & Spalding's top asshat asset, Andrew Bayman (above), was featured last week in a special interview on the legal-based website Law360. His interview, as you would imagine, is seen as a massive PR exercise for the firm he works for and also the firm he represents in litigation, GlaxoSmithKline.

Bayman, along with his co-defender Todd Davis, were in action earlier this year in the Dolin Vs GlaxoSmithKline trial in Chicago, a trial which saw them roundly trounced by the legal team of Baum, Hedlund, Aristei & Goldman, PC and Rapoport Law Offices, P.C.

In his summation to the jury Bayman uttered the immortal words, "Don’t you think if these medicines caused suicide someone would have spoken up?"

Hmm, the jury returned a verdict against the company he was representing yet, according to his interview with Law360, he sees this as a personal victory.

Law360 put Bayman in the spotlight by claiming, "King & Spalding LLP's Andrew Bayman helped limit GlaxoSmithKline's damages to $3 million in a closely watched federal trial over the company's liability for the suicide of a Reed Smith LLP partner who used a generic version of Paxil, landing him among Law360's 2017 Product Liability MVPs."

Law360 asked Bayman what he thought his biggest accomplishment was this year. He cites the Dolin trial as his biggest 'accomplishment.'
"We knew it was a very challenging case. We knew there was a risk of a really big verdict, given his earnings and his age," he said. "The company felt so strongly about its legal position that it said we're going to try this case, knowing that there was a huge risk of a very large verdict."
Hang on a minute, didn't Bayman lose the case?

Why is he singing from the rafters about such failure? Why is that failure his own biggest accomplishment this year? He must lead an unaccomplished life considering he defines his Dolin Vs GlaxoSmithKline failure as a success.

On the pharmaceutical industry, Bayman believes that big pharma "have created medicines that have changed people's lives."

He's right. Just ask Wendy Dolin how her life has changed after her husband took paroxetine. Ask her kids and Stewart's friends how much their lives have changed, too.

Bayman continued by praising the efforts of the pharmaceutical industry.

"In the past", he said,"before they had these drugs, people were not able to get out of bed and lead normal lives." 

During the trial of Dolin Vs GlaxoSmithKline, Bayman was jumping up and down like a jack-in-the-box, almost objecting to everything the plaintiff team wanted to tell or show the jury. Bayman didn't, it seemed, like any visuals, none more so than the following that was shown to the jury.



The above visual showed the jury how 22 adults had died during paroxetine clinical trials, all but two had died by suicide, all of whom were taking GlaxoSmithKline's Paxil at the time of their death. So, Mr. Bayman, there are 22 people here who can't get out of bed and lead normal lives, 20 of them killed themselves after ingesting Paxil, a drug that certainly did change the course of their lives.

Bayman told Law360"I don't have any engineering background. I don't have any chemistry background," he said. "That in some ways has been an advantage, because I tell my experts, if you can't explain this to me, we're not going to be able to explain it to a jury who doesn't have a technical background."

So, the defense experts at the Dolin trial didn't explain their points to the jury correctly then? Or perhaps those experts weren't managed well by Bayman and co?

On giving advice to young product liability attorneys, Bayman told Law360, "There are different issues that you see in product liability litigation, and someone who has deep expertise can be particularly valuable." 

Nice of him to pay homage to Brent Wisner of Baum, Hedlund, Aristei & Goldman, PC.

The Law360 article is here.

Bayman's biggest accomplishment this year can be seen in the links below.

Bob Fiddaman


Coverage of Bayman's biggest accomplishment

Dolin v GSK - Opening Arguments

Dolin Vs GSK - Day Two - "Jack-In-The-Box"

Dolin vs GSK - Healy 'Rocks Da House'

Dolin Vs GSK - JP Garnier Video Deposition

Dolin Vs GSK - The Dunbar Tape

Dolin Vs GSK - Day 4 - Slam Dunk

Dolin Vs GSK - 8.9 Suicide Increase For Adult Paxil Users

Dolin Vs GSK - Day 6 - Ass Kicking Semantics

Dolin Vs GSK - Day 7 - Abraham Lincoln

Dolin Vs GSK - Day 8 - Get to the Point, Todd!

Dolin Vs GSK - Glenmullen Nails It!

Dolin Vs GSK - "Babes"

Dolin Vs GSK - Wendy's Cross and GSK's Petition

Dolin Vs GSK - Robert "Bling Bling" Gibbons

Dolin Vs GSK: Suicide Prevention Warning "Futile", Claims GSK Exec

Dolin Vs GSK: Jury shown List of the Dead in Paxil Clinical Trials

Dolin Vs GSK: Last Man Standing & The Return of Dr. Healy

Dolin Vs GSK: Closing Arguments

Dolin Vs GSK - The Verdict

Exclusive: Interview With Wendy Dolin


From Chicago to New York - The Legacy of Stewart Dolin

Dolin Wins...Again

Dolin Vs GSK: Personal Vendetta or Bigger Picture?




Thursday, August 03, 2017

GSK Blame Stewart Dolin in Move for New Trial




One would have thought the case filed against GSK by Wendy Dolin was done and dusted. However, GSK has been adamant that the verdict handed down by the jury in Chicago last April is wrong. (Boo hoo)



Cry Me A River

GSK continues to cry its river of DeNile after being found responsible for Stewart Dolin's Paxil-induced death. Together with its King & Spalding lawyers, GSK now claims:

1)  U.S. District Judge William T. Hart did not properly instruct the jury

2) Dolin's doctor did not properly warn his patient that GSK's product increases suicidality and suicide

3) Ergo, when Dolin started suffering from Paxil-induced akathisia and psychosis, he should have noticed these adverse drug reactions (ADRs) before dying.

To most people, GSKs claims are ridiculous. But for GSK and other pharmaceutical companies, such outlandish claims are just business as usual.

GSK is essentially saying, "Yes, our drug and any generic version of it, has a propensity to cause someone to kill themselves. But we refute any responsibility because, together with the FDA, we wrote a vague warning about these risks. Further, doctors who prescribe our drug should communicate these risks to patients. Then, it is up to Paxil consumers to "choose" whether or not they want to kill themselves when suffering from Paxil-induced akathisia."

GSKs' claims are similar to ones they repeated for six-weeks during the Dolin vs. GSK trial. GSK blamed Stewart Dolin's death on his supposed "illness." GSK blamed Dolin's death on the doctor who prescribed their product. GSK blamed Dolin's death on the FDA. Now, GSK is blaming the judge for the jury's guilty verdict against GSK.

Don't Ya Just Love 'Em?

The jury ruled against GSK because the lackluster King & Spalding legal team couldn't defend the indefensible. Mounds of evidence piled up exposing GSKs greed and guilt. (The jury was likely also shocked to hear about the pile of bodies GSK tried to conceal--those innocent volunteers who died during Paxil's clinical trials.)

Not only did the jury find GSK responsible for Dolin's death; they also found GSK responsible for Dolin's pain and suffering. Therefore, they made two separate monetary awards.

GSK doesn't want to pay nor admit guilt. They are calling for a new trial and repeating their tactic of blaming everyone else for the ADRs their product causes. GSK states:

-  Its hands were tied because supposedly drug regulators would not allow GSK to use the specific warning language it wanted

- The jury instructions didn't entirely separate/7' different elements necessary for liability

- The doctor's testimony shows he was aware of the risk when prescribing paroxetine.

GSK's lackluster defense saw the jury rule in favor of Wendy Dolin and award her $2 million for wrongful death and $1 million for pain and suffering in the days before he took his life. She has yet to see a dime of that award because GSK are crying this river of denial. (De Nile)

Wendy Dolin, via her legal team, Baum Hedlund and Rapoport Law Offices PC, said Stewart's doctor testified that when he decided to prescribe the drug, he relied on the 2010 Paxil label. This Paxil label didn’t warn that Paxil could lead to suicidality in adults over age 24.  Furthermore, GSK failed to alert drug regulators that research showed an increased suicide risk among adults who take Paxil.

In 2007, GSK was invited by the FDA to discuss the inclusion of label language specific to adult suicidality. GSK then failed to meet with the FDA about this labeling issue. GSK did, however, have a duty to warn consumers even if the FDA decided not to. A 2006 video deposition played at trial shows GSK's former head, JP Garnier.

"You can change your label without even getting approval from the FDA, there's a law that allows you to do that, correct?"

Garnier answered, "Yes, but in practice, you don't want to do that."

He was then pressed, "Okay. But you can do it if you want, the law allows that to occur?"

Garnier replied, "Yes, but you do want the FDA to agree with the changes you are going to propose because they have the power to correct what you just said the day before. You know, let's say we decide to inform physicians of some new event affecting our drug, well, the next day the FDA might come back and say, well, we didn't like the way you did this, you have to redo it. So it's considerably disrupting, that's why most companies go through the FDA first, in practice, but you are right, there is a legal right for us to go directly to the public."

So, even Glaxo's own head was agreeing that GSK could have by-passed the FDA if it wanted to. The key phrase here is from Garnier's own mouth, "...there is a legal right for us to go directly to the public."

During the trial, it was revealed that there were 20 adult suicides in paroxetine clinical trials. Supposedly, there were no completed suicides in the paroxetine pediatric trials. (I say "supposedly" because one can never be certain if drug companies and regulators are telling the whole truth.) The clinical trial deaths beg the question: Why would GSK go to great lengths to confuse prescribing doctors with the warning about suicidality for patients under the age of 24?

GSK: A Forked-Tongue Monster 

Seeing GSK in court conjured up images of a forked-tongue monster speaking from both sides of its mouth. On opening day of the Dolin vs GSK trial, GSK's attorneys told jurors Paxil does not cause suicide.

Later, GSK lawyers claimed the company did everything in its power to show Stewart's doctor that Paxil increases the risk of suicidal thoughts and suicidal action among anyone who consumes it.

I'm reminded of a scene from the brilliant Fawlty Towers. Basil (John Cleese) returns to his hotel to discover that the building renovations haven't quite gone according to plan. We see "fault" here being passed around from pillar to post. Basil's reaction is priceless.

I suspect if Stewart Dolin was alive today, this would be his response.




Law 360 write about GSK's latest shenanigans here.

Bob Fiddaman


How the trial unfolded - a day-by-day account

Dolin v GSK - Opening Arguments

Dolin Vs GSK - Day Two - "Jack-In-The-Box"

Dolin vs GSK - Healy 'Rocks Da House'

Dolin Vs GSK - JP Garnier Video Deposition

Dolin Vs GSK - The Dunbar Tape

Dolin Vs GSK - Day 4 - Slam Dunk

Dolin Vs GSK - 8.9 Suicide Increase For Adult Paxil Users

Dolin Vs GSK - Day 6 - Ass Kicking Semantics

Dolin Vs GSK - Day 7 - Abraham Lincoln

Dolin Vs GSK - Day 8 - Get to the Point, Todd!

Dolin Vs GSK - Glenmullen Nails It!

Dolin Vs GSK - "Babes"

Dolin Vs GSK - Wendy's Cross and GSK's Petition

Dolin Vs GSK - Robert "Bling Bling" Gibbons

Dolin Vs GSK: Suicide Prevention Warning "Futile", Claims GSK Exec

Dolin Vs GSK: Jury shown List of the Dead in Paxil Clinical Trials

Dolin Vs GSK: Last Man Standing & The Return of Dr. Healy

Dolin Vs GSK: Closing Arguments

Dolin Vs GSK - The Verdict









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