Regular readers of this blog will know that I have, for a lengthy period, been covering the Dolin Vs GSK Paxil induced suicide trial, a trial that will commence next Tuesday in Chicago.
For a number of years now GSK have defended the allegations that Paxil (paroxetine) induced the death of Stewart Dolin. They have cited that Dolin was taking a generic version of their drug, ergo they were not responsible. They have cited that they wanted to change the labelling of Paxil but the FDA wouldn’t let them (although evidence shows that they did everything to avoid changing the labelling) – They have blamed Stewart’s work problems on his death, even though he was held in high regard by his employers and work colleagues. They have asked his widow about her love life, showed personal medical notes to his surviving children, subpoenaed phone records, attacked expert witnesses, objected to almost every single shred of evidence that goes against them and, as reported yesterday on this blog, don’t want the jury in this trial to see how a former FDA official, Martin Brecher, once said, during a deposition how illegitimate their Paxil suicide figures were.
On the latter, Dolin’s attorneys have responded in spectacular fashion. You see, by objecting to Brecher’s testimony they have stupidly opened a huge can of worms that actually looks more embarrassing for them than the Brecher’s actual testimony!
GSK claimed that they never cross-examined the FDA’s Martin Brecher but a recent filing by Dolin’s attorney’s reads…
In fact, GSK had three attorneys sitting at Dr. Brecher’s deposition, presumably all well-qualified to ask questions of Dr. Brecher, and indeed willing to participate and make objections throughout the course of the deposition.
Furthermore, Dolin’s attorneys argue…
The final question under Rule 804(b)(1) is whether GSK had the ‘motive’ to develop Dr. Brecher’s testimony. Of course they did, as will be explained momentarily. First, however, as a Case: 1:12-cv 06403 Document #: 498 Filed: 03/08/17 Page 7 of 13 PageID #:372958 preliminary matter, Plaintiff takes issue with GSK’s broad-sweeping and overly general characterization of the In re Paxil Litigation as solely being “Discontinuation Litigation” that did not have overlap with suicidality related to Paxil use. This is simply false.
In fact, one of GSK’s attorneys at the Brecher deposition, who is also one of GSK’s attorneys in this case, explicitly noted the broad scope of the deposition, applying to many GSK and Paxil cases throughout the country:
In addition, this case has not only been noticed in the In Re: Paxil case, it’s also been cross-noticed in several other cases that are pending throughout the country that Mr. Farber and his co-counsel have brought. And it’s also — I advised Mr. Farber that GSK intends to also use this deposition in cases in which discovery is currently being stayed because of various pending motions. ~ GSK Attorney Todd Davis, DE 497, Ex. 9, p. 10.
Dolin’s attorney’s ask the question, How then, is it possible that GSK could have overlooked all these “other cases” and mistakenly omitted from its submissions to this Court the real details about those “other cases?”
They also ask, Why would GSK not attack the subject testimony, if it believed it to be untrue or invalid?
Fair enough questions and ones that, seemingly Todd and co seemed to have avoided.
I mean, why didn’t they dispute what Brecher had to say, why didn’t they attack Brecher as they have attacked Stewart Dolin’s widow, children and expert witnesses? It seems this is the norm for GSK’s attorneys so why let Brecher off lightly?
If the truth is known GSK knew that Brecher’s testimony was damaging – anything that damages GSK is best left buried, be that scientific evidence that Paxil causes severe and debilitating adverse reactions or induces suicidal thinking and completion in some patients.
Bury the data is the norm for GSK, we’ve seen it time and time again regarding Paxil.
Bury the victims – well, that’s left to the likes of Wendy Dolin and Neil and Rhonda Carlin whose daughter, Sara, died by Paxil induced suicide. Also the parents of Sharise Gatchell, another victim who died by Paxil induced suicide. – There have been many more who have fallen foul to Paxil, many more who have taken Paxil on trust because GSK told the scientific and medical world that it was not only safe but effective.
Stewart Dolin will have his voice heard next Tuesday as the opening arguments begin in this trial – unless, of course, GSK do what they do best and settle as his widow climbs the steps of the court house on day one.
Almost every objection they have thrown in this case are peices of turd thrown onto the tracks of the Chicago Transit Authority Blue Line station northbound line in downtown Chicago where Stewart, under the influence of akathisia caused by Paxil, leaped to his death.
GSK are, as I’ve said many times before, a corporation run by narcissists and psychopaths, this narcissism and psychopathic tendencies spread throughout their workforce where the only thing that seems to matter is how much bonus they will make annually on the back of promoting drugs that are, for want of a better word, shit.
Wendy Dolin is represented by the national law firm of Baum, Hedlund, Aristei & Goldman, based in Los Angeles and the Chicago law firm, Rapoport Law Offices.