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Healthy Skepticism Library item: 14

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

 

Publication type: news

Drug firm hit with $200-million class action: Quebecer says he was diagnosed with liver damage while on antidepressant
Montreal Gazette 2003 Oct 29


Full text:

A Quebec man who was on a popular antidepressant that is being withdrawn from the Canadian market has launched a $200-million class-action lawsuit against companies that make the drug and its generic brands.

In a statement of claim filed this week in an Ontario court, Steve Ledyit, 36, said he was prescribed Serzone four years ago while living in Barrie, Ont. Within months of beginning treatment, Ledyit developed symptoms that were eventually diagnosed as serious liver damage, the 17-page document says.

The statement of claim also says scientific studies have linked nefazodone hydrochloride – the active compound in Serzone and other generic versions of the drug – to serious and sometimes fatal cases of liver damage.

“There is a definite problem with this drug in that the link to liver failure and serious liver conditions is just quite plain,” Joël Rochon, one of Ledyit’s lawyers, said in an interview yesterday.

Allegations in the statement of claim haven’t been tested in court.

The claim names Bristol-Myers Squibb, maker of Serzone, and other companies that make generic brands of the antidepressant. The other companies are Apotex, Genpharm, Nupharm, Pharmascience, Ratiopharm and Novopharm.

Ledyit and his wife, Louise, are named as representative plaintiffs in the suit, which seeks an admission of negligence from the companies as well as general damages of $200 million.

Ledyit now lives in Gaspé.

 

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Cases of wilful misrepresentation are a rarity in medical advertising. For every advertisement in which nonexistent doctors are called on to testify or deliberately irrelevant references are bunched up in [fine print], you will find a hundred or more whose greatest offenses are unquestioning enthusiasm and the skill to communicate it.

The best defence the physician can muster against this kind of advertising is a healthy skepticism and a willingness, not always apparent in the past, to do his homework. He must cultivate a flair for spotting the logical loophole, the invalid clinical trial, the unreliable or meaningless testimonial, the unneeded improvement and the unlikely claim. Above all, he must develop greater resistance to the lure of the fashionable and the new.
- Pierre R. Garai (advertising executive) 1963