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Devastated

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DownNOut

Junior Member
Wisconsin:
My husband and I are totally devastated. We took legal guardianship at age 7 of our nephew and discovered later on that he had ADD and reactive attachment disorder. Many problems later, a psychiatrist diagnosed clinical depresion and he was treated with different antidepressants, none which seemed to do much good. Finally, he turned 14...the magic age at which he could direct his own psychological well-being (a joke in my estimation) and he decided after this last episode of cutting and inpatient stay that he would accept treatment with Wellbutrin XL. I was not crazy about him being on ANY medication because I just wanted to see what my "son" was like without chemical interference, but we knew that he had the last call. He liked the progress he felt on the Wellbutrin, so he stayed with it and when the dr. increased his dosage from 150mg to 300 mg per day after he came back from camp (because he dropped the stimulant and dr. was afraid that 150 mg. alone would not be enough), he seemed to be cruising along nicely. My son always spoke of things in "future" tense, even up to and including the night before he died by suicide. On September 27th, he came home from school, from all accounts as normal a day as every day and something snapped in him. He jumped from a radio tower near the house 75 feet and died instantly. His tox screen came back today showing only a therapeutic level of Wellbutrin XL. Up to this point, ever since last December, there had been no episodes of treatment for setbacks, no talk of wanting to hurt himself, no suicidal gestures, nothing. He wasn't acting in any way suicidal. We are just beside ourselves and the only thing we can wonder is if the medication finally made him snap. I was with my son during each of his appointments and at no point did the doctor suggest that this medication carried with it the famous black box warning or that it was not FDA approved for children under 18. All we got were the side effects, that as usual, because it was used as an antidepressant in his case it woudl have a risk for suicide and that as usual to watch for changes and report them and that there were no studies shown to prove that it helped with ADD. I was floored when I found that out.that the risk for suicide was so high in the younger kids. I understand that my son would probably have taken it anyway because he felt so good. But, where does the liability lie with the psychiatrist? I just don't feel that at 14 or 15 a child with so many psychological issues has the capability to direct their care. My head is just swollen with tears and I just need understanding.
 


Jacon89

Member
First off, I'm very deeply sorry for the loss you and your family have suffered. That's little comfort, I'm sure, but I'd like to say so all the same.

As far as I know, pretty much every anti-depressant drug in circulation comes with the automatic possibility of suicidal thoughts or tendancies, as a general rule of thumb. I've taken Wellbutrin XL for years and never experienced this, but it does happen. I believe your direct question was "where does the liability lie with the psychiatrist"; don't take my word for it and drop it there, but as far as I know, no legal fault lies with the psychiatrist. He or she didn't force your son to take the medication, nor did he promote the boy's suicide in any way. It's a well known side effect of those types of medications. Unless he was misdiagnosed, which I don't see any evidence of, then I couldn't really see any fault lying with anyone at all for this incident. As tragic as it may be, I doubt anyone is at fault.
 
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DownNOut

Junior Member
Not exactly my point

I guess what I am getting at, the real question I have, is that I don't really feel my child was given a true understanding of the risk that this drug posed for him and why are psychiatrists prescribing it for people under 18 if there is no FDA approval for it in lower age groups? I know the FDA aren't a bunch of geniuses, but it is a sort of regulatory mechanism to help prevent such tragedies as what occurred with our son.
 

Jacon89

Member
I guess what I am getting at, the real question I have, is that I don't really feel my child was given a true understanding of the risk that this drug posed for him and why are psychiatrists prescribing it for people under 18 if there is no FDA approval for it in lower age groups? I know the FDA aren't a bunch of geniuses, but it is a sort of regulatory mechanism to help prevent such tragedies as what occurred with our son.
The fact that Wellbutrin isn't FDA approved for people under a certain age lies with the lack of research and study necessary to determine just how much, if any, causal link lies between the drug and the suicidal tendancies. If it were approved in that specific sense, then that'd be FDA's way of saying "we're assuring you that this is okay, as pertaining to this, this and that". This is why the FDA has required the 'black box' warning on all anti-depressants that warn of possible suicidal behavior. I'm really not sure what your child's level of understanding of the risks has to do with anything legality-wise, as it wasn't the child himself who filled the prescriptions, paid for the doctor visits, agreed to purchase the medication, etc. It may very well be that your son didn't have a true understanding of the risks, but you can hardly blame the psychiatrist for that and call unlawful practice. If you felt that your child needed a better understanding, you could've helped him understand it further, but it isn't your fault or anyone else's that this happened, in a legal sense (unless the FDA discovers substantial evidence someday that'd allow you a lawsuit against whomever manufactures the drug, but that isn't the here and now).

In short, I really see no evidence of any sort of malpractice, whether the child had a deep understanding of the risks or not. I'm sorry that this happened. If your concerns lie with the product and the manufactuer itself, as would be appropriate to this forum, there's not much you can do about it when there's a required warning label. If this had happened before the 'black box' warnings were required, you may very well have had a case against GlaxoSmithKline. That is no longer the case.
 
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