Effexor warnings not given to family

[FamilyFriendly]

What is the name of your state? Arkansas

My wife was put on Effexor close to a year and a half ago for migraine prevention. Because of HIPAA laws I was not made aware. She is a stay at home mom with our two children, and I work. After being on the drug for a year she complained to her doctor that she was not feeling right on this drug and wanted off. She was becoming lethargic and did not care about anything. That was six months ago.

The doctor refused the request and demanded she stay on it. My wife faithfully obeyed, and then started obsessively compulsively getting credit cards, and racking up purchases. For our seven years of marriage she has always handled the finances. Up until six months ago she has been perfect with it, in fact more frugal than I have always been.

She racked up 75K in credit card debt, and drained 20K that was in our savings. She told me she knew it was wrong, but she did not care. She did not care when creditors started to call either. She has decided to stop taking the drug Effexor, and has been going through some withdrawal symptoms. Thankfully she has been returning to her normal self, and now is feeling horrible about what she did.

We are working with a debt settlement company to get the debt taken care of. I am worried that other families may run into the same thing if the rest of the family is not warned about this side effect of Effexor. If they would have warned me, I would have been all over it.

Is this a good case against the company that makes Effexor and/or the doctor?

 

[FlyingRon]

It's going to be a hard row to convince someone that when some quack who prescribed a psycho active drug for an off-label treatment without monitoring the psychological effects it's going to be the fault of the drug company.

 

[FamilyFriendly]

It's going to be a hard row to convince someone that when some quack who prescribed a psycho active drug for an off-label treatment without monitoring the psychological effects it's going to be the fault of the drug company.

So the doctor who is a headache specialist not a shrink (correcting your misconception) could be held legally liable?

I guess I figured the drug company would settle, and since that lady won against McDonalds when she poured hot coffee on her own lap that this would be an easy case to convince people on.

 

[lealea1005]

add a sentence

OP, Effexor is used my some Physicians to help with the treatment of migraine headaches. Because it is used "off label" does not make it illegal for the Physician to prescribe it. It is illegal for the manufacturer to advertise it or detail it to the Physician for "off label" use.

Since you were not privvy to her medical information, how can you be sure how often she was followed by her Physician? Did she, specifically, report her depression,lethargy, and impulsive behavior to her Physician? Merely reporting she "didn't feel right" is very vague.

Physicians cannot "force" anyone to follow their advice or to take their medication.

She is an adult and, therefore, responsible for her own actions. There is a lot more to the McDonald coffee in the lap story, as some of the legal people here can tell you.

I hope your wife is feeling better.

 

[dedlock]

What is the name of your state? Arkansas

My wife was put on Effexor close to a year and a half ago for migraine prevention. Because of HIPAA laws I was not made aware. She is a stay at home mom with our two children, and I work. After being on the drug for a year she complained to her doctor that she was not feeling right on this drug and wanted off. She was becoming lethargic and did not care about anything. That was six months ago.

The doctor refused the request and demanded she stay on it. My wife faithfully obeyed, and then started obsessively compulsively getting credit cards, and racking up purchases. For our seven years of marriage she has always handled the finances. Up until six months ago she has been perfect with it, in fact more frugal than I have always been.

She racked up 75K in credit card debt, and drained 20K that was in our savings. She told me she knew it was wrong, but she did not care. She did not care when creditors started to call either. She has decided to stop taking the drug Effexor, and has been going through some withdrawal symptoms. Thankfully she has been returning to her normal self, and now is feeling horrible about what she did.

We are working with a debt settlement company to get the debt taken care of. I am worried that other families may run into the same thing if the rest of the family is not warned about this side effect of Effexor. If they would have warned me, I would have been all over it.

Is this a good case against the company that makes Effexor and/or the doctor?

FamilyFriendly,
please see this reference re: Effexor-
http://injury-law.freeadvice.com/drug-toxic_chemicals/effexor-lawsuit.htm

You may use this website to run your case by an attorney on Post Your Case.

 

[moburkes]

So, OP, whatever happened to the Mickey Dee's lady after the hoopla was over? Did you see/read/hear about that?

Oh, and, by the way, it is my opinion that if the doctor DID provide you with information about your wife's treatments, you would want to sue for HIPAA violations.

 

[FamilyFriendly]

FamilyFriendly,
please see this reference re: Effexor-
http://injury-law.freeadvice.com/drug-toxic_chemicals/effexor-lawsuit.htm

You may use this website to run your case by an attorney on Post Your Case.

Thanks.

Part of the problem we have run into is she also has memory loss from this drug. We have bills for credit cards she does not remember ever getting or making charges on. Thankfully she has been off of it for close to two weeks now and doing a lot better.

I honestly see three problems in this entire situation.
1. Drug company
2. Doctor
3. Government.

If the drug company had not advertised to the doctor, then it would never have been prescribed. If the doctor had acted when she said she felt she was losing her mind, then it would not have happened. If the government had not put up a wall separating me from a heads up, it would not have happened. My concern is other families being put in the same or worse situations because of these three problems.

 

[las365]

The doctor and the government didn't prevent your wife from telling you what medication she was taking and how it was making her feel.

 

[Some Random Guy]

If the drug company had not advertised to the doctor, then it would never have been prescribed.

It was advertised to the doctor for its FDA approved uses. Companies have every right to advertise their products - be they legal drugs or automobiles.

If the doctor had acted when she said she felt she was losing her mind, then it would not have happened.

You said that she told the doctor "she was not feeling right"' after one year of symptom free use. That is not "losing her mind". In fact most of what you say is second hand information and yolu do not really know what was said, but only have the word of somebody who has been lying to you for months about your debts. Feel free to subpoena the doctor's records of her treatment if you wish to pursue a lawsuit.

If the government had not put up a wall separating me from a heads up, it would not have happened.

Yes HIPAA is a pain. But it is a response to other privacy problems that have occurred in the past. From a practical perspective, you have no possibility of having the government laible for anything.