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Direct to Consumer Lawsuits

Posted Oct 01 2008 10:51pm
Has anyone else noticed that in the post-Vioxx world the number of commercials on television advertising class action lawsuits has skyrocketed? You know the ones, "Have you ever had heart attack, stroke, rash, headache, or case of diarrhea since starting Danger Drug X? If so, you may be able to receive compensation for damages. Call the law offices of Y and Z for a free consultation."

Now I certainly believe that justice should be served. Ifa pharmaceutical company is negligent in the development process and patients were harmed because of this negligence compensation may be appropriate. My problem with these ads is that they are scaring patients away from potentially beneficial medications.

For example, not too long ago I sawa thirty year old patient who had a history of methamphetamine abuse and had been in and out of jail for drugs, as well as, getting in fights. During one of his incarcerations he was started on an atypical antipsychotic medication and has not been in a fight since and felt that this and some other factors were keeping him clean and out of trouble.

Then Aunt Sally sees a commercial on TV warning of potential badness such as diabetes from this medication and that people are suing the maker of the medication. Aunt Sally shows appropriate concern and warns her nephew that he should get off this dangerous medication.

Fortunately he consulted me before doing this on his own. I told him fairly bluntly that he can either accept the risk of this side effect ten or twenty years down the road or accept the risk that stopping the medication is going to screw him up and land him back in jail. He took the former.

The answer to this problem?

The Country Doctor
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