Expert Evidence Key to Chantix Lawsuit Settlements
By Michael Carlin
Since the first bellwether Chantix lawsuit settled in October, Chantix lawsuit plaintiffs have eagerly awaited their opportunities to settle or go to trial. Although a settlement is on everyone’s priority list, it is important to understand the importance that intermediate evidentiary rulings have in allowing plaintiffs to secure worthwhile Chantix lawsuit settlements. This article reviews some of the key evidentiary rulings relevant to the settlement of the first bellwether Chantix lawsuit.
The Whitely Case
Judy Ann Whitely entered into Chantix lawsuit MDL to recover damages for her husband’s suicide. Prior to settling the Chantix suicide lawsuit, Pfizer had requested that several of Judy Ann Whitely’s expert witnesses’ testimony be excluded. It is notable that all of these motions failed.
On the other side, the plaintiff’s motion to amend the Chantix suicide lawsuit to include punitive damages was granted. This decision was important because punitive damages can more than double the judgment awarded to a successful plaintiff. To be eligible for punitive damages a plaintiff must show that the defendant knew or purposefully disregarded facts that demonstrate a high probability of injury to the safety or rights of others. The court in Whitely’s case allowed the plaintiff to amend because it discounted the defendant’s claims that it had not showed deliberate indifference in failing to warn of the claims. The court decided based on Minnesota law, which says that the plaintiff merely needed to provide a prima facie showing that punitive damages were possible.
Another key to Whitely’s success at a Chantix lawsuit settlement was her motion to exclude the testimony that the deceased husband had an untreated and undiagnosed panic disorder. The court found that Pfizer’s expert had made a “spectacular leap” in making unsupported assertions that the deceased husband of the plaintiff believed he had a life threatening illness. The court felt that adding this testimony would add little probative value in comparison to the prejudicial effect that those statements would have had.
These issues point to several important factors to keep in mind for ongoing Chantix litigation. First, the Whitely case demonstrates that the substantive law of the state will govern Chantix MDL. Federal law simply guides procedural law. This is important because it could mean that later cases deciding some of the same issues could be determined differently. These issues also highlight the role that pre-trial motions have in incentivizing settlement, the fact that all of Pfizer’s motions in the September 18 order were denied probably made the company much more open to negotiation.
Other Pending Chantix Suicide Lawsuits
Thousands of Chantix depression lawsuits remain pending in court. Plaintiffs like Judy Whitely have claimed that Pfizer’s drug caused unanticipated suicidal thoughts. Many Chantix lawsuit plaintiffs also allege that other side effects have seriously reduced their quality of life: these include depression, anxiety, cardiovascular problems, and blackouts.
If you have experienced Chantix side effects that have been far worse than expected you may be entitled to compensation for damages you experienced. A Chantix lawsuit attorney can let you know if you are eligible to enter into the MDL. You can learn more by visiting the Chantix Suicide, Heart Attack, Suicide Attempt & Stevens Johnson Syndrome Class Action Lawsuit Settlement Investigation.
Updated December 5th, 2012
All medical device, dangerous drug and medical class action and lawsuit news updates are listed in the Drug and Medical Device section of Top Class Actions.
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3 thoughts onExpert Evidence Key to Chantix Lawsuit Settlements
My husband and I took Chantix for 6 weeks. I experienced some weird side affects….But he came home one day after a happy, positive day at work. No one noticed anything different about him. He hugged me, kissed me, danced with me and talked about our upcoming weekend in the motorhome. within 90 seconds….his eyes went vacant. he strangled and beat me. NOT in his usual nature. and then shot himself right in front of me. our Docter was shocked…he had examined both of us two days prior….we were both fine. Pfizer has found a loop-hole in the law….my husband’s life, my life, his children, his grandkids lives are all worth $6500… according to Pfzier. There are so many horror stories….so many lives ruined….yet the FDA, our congressmen all admit they will do nothing because Pfizer pays them too much money to look the other way. I have talked to them….and they have admitted it. Casualty of war type of attitude. My condolences to all the thousands of others that have suffered from this evil drug.
Turn to relegion to quit smoking . It has the best remedy.
…I took two, complete, regimens of Chantix between Oct. ’06 – Oct. ’07. Endured two, long, PAINful hospital stays PLUS psyche unit in ’08.
This drug is for REAL!! The side effects are DISTURBINGLY real!!
Had this not happened to me, personally, ‘m sure I would’ve had my doubts re: the validity of some of the side effects claimed. But, it DID, and I can ASSURE any naysayers out there….this is NOT a conspiracy…!!! the whole world didn’t band together to try and make Pfizer look bad…
This little, blue pill has the POWER to turn one’s life upside down and inside out!! In all fairness…YES, it DID touch on the smoking receptors…and had it STOPPED there, I would be the FIRST to praise this drug…but, it didn’t. It grew feet…and touched on different parts of the brain affecting not only my every WAKING moment…it invaded my dreams…affected my reflexes, thoughts, actions, etc.
When that rug was YANKED and the spiral began, , I had no choice but to hang on for the ride to Hell. This drug is scary!! Very, VERY, scary!! Once it is in your bloodstream, it will OWN you!! Never in my wildest nightmare, would I have thought a pill…could destroy my life, sever relationships, and take away my life as I knew it. I wasn’t looking for trouble…I just wanted to quit smoking. I WANTED this pill to work!!
You can’t make this stuff up. I blindly trusted everyone involved in getting this script. Never again. NEVER!! Learned the hard, HARD way…just because someone SAYS a drug is safe….doesn’t mean it is!! stay FAR, FAR AWAY FROM THIS DRUG!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!