Chantix Suicide Lawsuit Survives to See Trial
By Michael Carlin
A bellwether Chantix lawsuit plaintiff recently secured a small win against Pfizer. On November 19 Chantix suicide plaintiff Katharine McClellan’s lawsuit survived Pfizer’s motion for summary judgment.
Katharine McClellan represents the estate of Sandra Corey, who allegedly committed suicide after taking Chantix. Ms. Corey was prescribed Chantix in September 2007 by her doctor to help her stop smoking. On July 24, 2008 Ms. Corey committed suicide.
Pfizer brought the motion to dismiss because police that responded to Corey’s suicide collected all prescription medication from Ms. Corey’s home and destroyed it without keeping a record. Pfizer asserted that because of the failure to record whether Chantix was present in Ms. Corey’s home there is no evidence that Ms. Corey actually took the drug in the period leading up to her death.
However, the court found that before Ms. Corey’s death a medical report from a doctor’s visit stated that medications taken had not changed since the previous visit. Although the parties disagreed as to whether Ms. Corey actually took the Chantix she was prescribed prior to her July 9, 2008 doctor visit the court determined that this was a decision of fact that must be left to the jury.
The court applied Oregon law in regards to whether Ms. Corey’s Chantix lawsuit could survive the motion. Oregon law requires that a plaintiff establish a causal connection between the alleged negligence or defective product and the injuries sustained to survive a motion for summary judgment. The causal connection in this case relied on whether Ms. Corey actually took the Chantix. Because the court had to take the facts in the light most favorable to Ms. Corey, it found that it is possible that she did take the medication and so denied the motion for summary judgment. The trial is still scheduled for late January 2013.
Common Chantix Depression Lawsuits
Sandra Corey’s lawsuit is just one of thousands of Chantix suicide and Chantix Depression lawsuits that have been filed in the U.S. Federal District Court of Alabama. These plaintiffs allege that Chantix side effects caused severe adverse reactions such as anxiety, depression, cardiovascular problems, and suicidal thoughts.
The first bellwether Chantix case settled in October five days before trial. Pfizer may also settle more cases as the trial date approaches. Chantix settlements do not guarantee success for all Chantix lawsuits, although they do provide some helpful precedent for Chantix depression MDL plaintiffs.
People who have suffered severe depression from taking Chantix may have legal options to receive compensation. You can visit the Chantix Suicide, Heart Attack, Suicide Attempt & Stevens Johnson Syndrome Class Action Lawsuit Settlement Investigation to learn more. Schedule a free case evaluation from an experienced Chantix Lawsuit lawyer today.
Updated December 17th, 2012
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