LITIGATION

Mediation Day

In the fall of 2005 I started looking for a lawyer to represent my daughter in order to file a damage suit against GlaxoSmithKline.  It didn’t take long to find out that law firms in Canada didn’t want to go up against GlaxoSmithKline.  The one legal firm that said they would ‘give it a shot’ wanted a huge amount of dollars up front.  I was devastated.  Why is it a huge organization such as GlaxoSmithKline could continue to manufacturer a dangerous drug, withhold clinical data, and not be held accountable in Canada?  I soon realized it was all about money, GlaxoSmithKline has lots of it, and the normal person is unable to afford the costs to litigate with them.  I was outraged.

 I realized my daughter’s medication of paxil actually came from a plant in the US at the time it was prescribed.  While GlaxoSmithKline is in Canada, paxil was not manufactured here at that time.  I began searching for a US lawyer. 

I contacted a high profile lawyer from the US.  A man well known for fighting for the rights of individuals in these type of cases.  He took on our case.  I knew if anyone could accomplish fair play in this case, it would be him.

In November of 2006, the lawyer representing my daughter flew into Toronto from the US.  GlaxoSmithKline sent one of their US lawyers.  We all met in a meeting room at the airport Hilton in Toronto.  It was a difficult day for my daughter; she had to rehash some very disturbing memories.

During the meeting the GlaxoSmithKline lawyer acknowledged the pain my daughter went through, he looked her in the eye, apologized to her, stating that what she suffered was not intentional on the part of GlaxoSmithKline.  I was not happy with that statement, as we wouldn’t have been at that meeting if GlaxoSmithKline had not held back clinical data that would have prevented my daughter’s suffering.  I spoke up; the apology put a sour taste in my mouth.  Then the oddest conversation took place.  I was asked if I knew Laurie Yorke of New Jersey, Rob Roberson, and Lisa VanSickle, as well as a few other names I did not recognize.  The fact is, Laurie Yorke’s son suffered from Paxil, we connected via Internet and went through this experience together with our children.  A bond has formed between families.  Rob Robertson is a man who organized the paxil protest outside of the GlaxoSmithKline building in Philadelphia.  Lisa VanSickle, I have heard of her. I believe her child suffered from paxil as well.

So, how did discussing my child’s suffering turn into a conversation of who I know, and didn’t know?  Did I speak with them via telephone, on the Internet, or in their homes?  What business is it of GlaxoSmithKline?  I found the conversation very odd, and I am presuming that some, one, or all of the people mentioned are those that were silenced by GlaxoSmithKline gag orders with any settlement received.  The fact that Sam was more interested in who I was speaking to, than the importance of a child’s life spoke volumes.  These are lost years children will never get back.  I realized his questions were all about silencing.

The conversation then turned back to cost of education to bring my daughter up-to-date in education.  It was brief.  We left for home shortly thereafter.

 To date, one year later, GlaxoSmithKline has not paid one dime in damages to my child.  Why are they discriminating against Canadian children?  Do Canadian children feel pain differently that those living in other countries?

Should GlaxoSmithKline, a company known for manufacturing and marketing unsafe medications, a company proven to have withheld clinical data causing death, a company producing and selling drugs causing birth deformities and heart defects, be selling drugs to Canadians?  Is it okay that that they hold accountability in other countries, but not to Canadian people?  I don’t think so. 

It disgusts me that GlaxoSmithKline with their influence, has effectively removed all recourse for victims in Canada.

Sam Griffen

Sam Griffin is a member of the Litigation-Tort & Environmental Practice Group at King & Spalding.  Currently represents a pharmaceutical manufacturer in personal injury cases pending nationwide in both federal and state courts.