Class Action Lawsuits Canada
Paxil / GlaxoSmithKline Class Action Lawsuit
Scarfone Hawkins LLP
Class Action Lawsuits Canada: A Statement of Claim was issued in the Ontario Superior Court of Justice on May 2, 2002. The Statement of Claim names GlaxoSmithKline PLC and GlaxoSmithKline Inc. as Defendants.
The claim alleges that the pain and suffering experienced by each of the thousands of Paxil users is a direct result of the failure by GlaxoSmithKline to warn users of the addictive nature of Paxil, its inducement of physical and psychological dependency, and its infliction of dependency/withdrawal reactions when the dosage is terminated or reduced.
The claim further alleges that Paxil caused some people to experience serious and unexpected dependency/withdrawal reactions. These reactions were and are unexpected to the patient and prescribing physicians because GlaxoSmithKline has failed to properly warn of these possible effects.
The Plaintiff brings this action on behalf of herself and others similarly affected, as members of the proposed Class, defined as follows:
or Quebec, who have taken Paxil and who have suffered, are suffering,
or will suffer from dependency/withdrawal reactions following
termination or reduction of their Paxil dosage.
This is a proposed class proceeding on behalf of all individuals in Canada outside the Provinces of British Columbia and Quebec, who were prescribed and took the drug Paxil and who experienced dependency/withdrawal reactions.
The Plaintiff and Class Members state that thousands of Paxil users suffered dependency/withdrawal reactions. The pain and suffering experienced by each of these individuals is a direct result of the failure by GlaxoSmithKline to warn users of the addictive nature of Paxil, its inducement of physical and psychological dependency, and its infliction of dependency/withdrawal reactions when the dosage is terminated or reduced.
The Plaintiff and Class Members state that Paxil has caused some people who take it to experience serious and unexpected dependency/withdrawal reactions. These reactions are unexpected to the patient and prescribing physicians because GlaxoSmithKline has failed to properly warn of these possible effects.
The Plaintiff and Class Members were not informed before ingesting Paxil that it was addictive, that it induced dependency and that it caused withdrawal reaction when dosage was terminated or reduced.
The Plaintiff and Class Members state that on termination or reduction of Paxil dosage they became very ill without realizing the cause of their distress. Typically, individuals visited their treating physicians who, unaware of the symptoms of withdrawal syndrome due to the failure of GlaxoSmithKline to properly warn in that regard, began other investigations to attempt to diagnose the problem. This often included unnecessary testing and investigation and sometimes included relapse which resulted in the prescription of an increase of Paxil dosage thus compounding the dependency problem.
The Plaintiff and Class Members state that treating physicians were unable to recognize that the termination of reduction of Paxil dosage was the cause of the difficulty because of inadequate warnings from GlaxoSmithKline in that regard.
The Plaintiff and Class Members state that GlaxoSmithKline promoted the use of Paxil as a nonaddictive, non-habit forming drug to physicians and the general public when it knew or ought to have known that individuals taking Paxil would become addicted to its use and that the termination or reduction of dosage would cause severe dependency/withdrawal reactions as described above.
The Plaintiff claims on her own behalf and on behalf of all Class Members:
- General damages for negligence as set-out below;
- Special damages where applicable;
- Punitive, aggravated and exemplary damages;
- Pre and post-Judgment interest pursuant to the provisions of the Courts of Justice Act, R.S.O. 1990, c. C-43 as amended;
- Costs on a substantial indemnity basis; and
- Such further and other relief as this Honourable Court may deem just and appropriate in the circumstances.
We are compiling a database of individuals who have been prescribed Paxil who are or have experienced dependency/withdrawal reactions when the dosage was terminated or reduced. If you have not contacted us, we would appreciate hearing from you as it may assist us in pursuing this claim.
You may read the details of the class action claim here.
If you would like more information regarding this claim or wish to be added to our database of claimants, please e-mail us or call the Scarfone Hawkins class action hotline at 905-523-8048 or 1-888-245-8829.
9/10/2010
