ZOLOFT: Wrongful Death Suit Filed in Behalf of the Andrea Roberts’ Family

NOTE FROM Ann Blake-Tracy:

FINALLY!!!! A wrongful death suit that states these SSRI
wrongful death cases for what they really are: cold blooded premeditated murder!
When the risk is known and not stated, then what else could it be
other than premeditated murder? If it was an individual, rather than a wealthy
corporation who did this you had better believe they would be facing
premeditated murder charges.
___________________________________________
The label did contain a warning that children and teenagers
may have an increased risk of suicidal thinking, but it did not mention adults
being at risk of committing suicide or that the drug could cause any homicidal
thoughts or actions.

Because of the omissions from the label, the

plaintiffs allege Pfizer committed “fraud, misrepresentation, intentional
infliction of emotional distress, aggravated or gross negligence, battery,
assault, and potentially, premeditated murder.” . . .

“Defendants’
conduct was extreme and outrageous in character, and so extreme in degree as to
go beyond all possible bounds of decency as to be regarded as atrocious and
utterly intolerable in a civilized society,” the suit states.

Suit blames anti-depressant drug for 2007 murder-suicide
10/1/2009 2:43 PM By Marilyn Tennissen

[]

SHERMAN — In a suit recently transferred to the East
Texas federal court, the maker of a popular anti-depressant drug is being blamed
for a murder-suicide committed by a woman who had taken the drug.

Court
papers say that after taking Pfizer’s drug Zoloft, 41-year-old Andrea Roberts

shot and killed her two children and husband before turning the gun on
herself.

Her parents, Glenda and John Robert McCoy, and brother, John
Andrew McCoy, acting pro se, first filed a suit in Denton County on July 31 on
behalf of decedents Jon Andrea Roberts, Michael Roberts, Micayla Roberts and
Dylan Roberts.

Pfizer Inc., Pfizer Chairman Jeffrey Kindler, Pfizer
subsidiary Greenstone Pharmaceuticals and Does 1-50 were named as defendants.


Pfizer had the case transferred to the Sherman Division of
the Eastern District of Texas on Sept. 28.

According to the suit, on
July 24, 2007, Andrea Roberts bought Zoloft from a Tom Thumb Pharmacy in Flower
Mound.

Zoloft is a selective serotonin reuptake inhibitor prescribed to
patients for many psychiatric conditions and is designed to be taken orally once
a day or more often as directed by a physician.

The suit does not state
why Roberts was taking the medication, how long she had taken it or the doctor
who had prescribed it.


One week after she picked up the prescription, Andrea
Roberts and her family were dead.

Andrea Roberts allegedly shot and
killed her two children Micayla and Dylan, her husband, Michael, and then
committed suicide at their home in Denton on July 31, 2007. According to the

suit, in the days leading up to the incident Roberts had become paranoid and
delusional.

The surviving plaintiffs allege that the product Zoloft

caused these violent acts,” the complaint states. “In the alternative, the
surviving plaintiffs allege that the product Zoloft was a contributing cause
accounting for causing or worsening decedent Andrea Roberts‘ condition to the

point of causing paranoia, psychosis, homicidal thinking or other symptoms
inhibiting her judgment leading to the commission of homicidal and suicidal
actions.”

In its Notice of Removal, Pfizer argues there are many
inconsistencies in the plaintiffs’ complaint.

“Although this action can
be fairly characterized as a products liability case, plaintiffs purport to
assert a wide variety of claims in this lawsuit and their Petition is confusing
and contradictory,” Pfizer states.

The plaintiffs argue that because

Andrea Roberts did not consent to taking “a drug that causes homicide,” she
should be considered “involuntarily intoxicated” and therefore not guilty of
contributory negligence or assumption of risk.

Pfizer knew from reports
and studies that Zoloft could cause homicidal actions, the suit alleges, but
failed to include that information on the drug’s warning label.

The

label did contain a warning that children and teenagers may have an increased
risk of suicidal thinking, but it did not mention adults being at risk of
committing suicide or that the drug could cause any homicidal thoughts or
actions.

Because of the omissions from the label, the plaintiffs allege
Pfizer committed “fraud, misrepresentation, intentional infliction of emotional
distress, aggravated or gross negligence, battery, assault, and potentially,
premeditated murder.”

They also claim a safer alternative design of the

drug existed, but Pfizer “chose to manufacture and the dangerous drug anyway.”

“Defendants’ conduct was extreme and outrageous in character, and so
extreme in degree as to go beyond all possible bounds of decency as to be
regarded as atrocious and utterly intolerable in a civilized society,” the suit

states.

The plaintiffs cite several causes of action throughout the
complaint.

Pfizer argues that while the plaintiffs appear to be
asserting a claim for products liability, they also assert claims for negligent
manufacture, design and marketing; a wrongful death and survival action; and
intentional infliction of emotional distress as well as actual and punitive
damages.

They are also claiming breach of warranty, fraud,
misrepresentation, aggravated or gross negligence, battery, assault and even
murder.


Pfizer writes that the complaint incorrectly lists
Greenstone Pharmaceuticals as a subsidiary of Pfizer when it is not.

In
addition, Jeffrey Kindler is listed as a defendant in the style of the case, but

the petition does not identify him as a party to the case and there are no
allegations against Kindler in the complaint.

As to damages, Pfizer
points out the varying amounts mentioned in the plaintiffs’ petition.

In

one place, the plaintiffs state they are seeking to recover $900,000 in Andrea‘s
lost earnings and $4 million for Michael’s.

Then they ask for $23
million for the products liability claims, $20,000 for funeral and burial costs,
$1 million for each of the surviving plaintiffs and $5 million for each of the

decedents to compensate them for their loss of affection, companionship and
pecuniary support.

At other places in the complaint, it states
plaintiffs are limiting damages to $50,000.

The pro se Plaintiffs’
Petition appears to have been put together using a legal form,” Pfizer writes.

Pfizer is represented by Laura E. De Santos of Clark, Thomas &

Winters PC in Houston. Jack E. Urquhart of Clark, Thomas is of
counsel.

The case has been assigned to U.S. District Judge Michael H.
Schneider and referred to Magistrate Judge A. L. Mazzant.

Case No.
4:09-cv-496-MHS-ALM

Student Has Violent, Homicidal Thoughts on Prozac

“I imagined myself going into the kitchen, grabbing a knife and stabbing my mother.”

 

On my 19th birthday I was a silly boy and took an ecstasy tablet, and over the next few weeks suffered a type of drug-induced psychoses. I initially had false beliefs such as someone was going to kill me, and was generally paranoid. I quickly recovered after 10 days, but 3 weeks later thanks to Prozac, the worst was yet to come.

Instead of recovering from the ecstasy I did two University exams, which caused me to become psychotic again the next week. I had anxiety, felt out of touch with reality, I felt as though I did not exist and was depressed. My local GP thought I simply had depression and prescribed me 20mg Prozac per day. The next two nights I woke up in the middle of the night and felt as though I was in nightmare I couldn’t get out of.

After the third dose I felt absolutely terrible, the worst I have ever felt. I saw colours, and thought things like the next-door neighbour was a zombie. I drank water excessively. I thought it was just the ecstasy. All I could do was lie in my bed and wait for this to pass.

By evening I was really scared for no apparent reason, had nausea, a headache, could not eat a thing and the worst of all, everything in the room was overwhelming, and soon objects appeared to move from side-to-side, and my pink blanket was moving like an ocean. This must be similar to an experience on LSD. So I called my mother who is a nurse, and she thought that it could not possibly be the Prozac and suggested that I take the next dose. So I dimmed the lights and went to sleep.

The next morning I felt better and took the next dose. A few hours later I started to feel terrible again, and soon I had violent thoughts. I strongly imagined myself using a knife to harm my neighbours. It was terrible, the thoughts were so strong. I called my mother and told her and she came down and noticed how hot I felt. So she took me to the hospital. We managed to see a nurse who did a medical check-up. My blood pressure was extremely high (160). Being a Sunday we waited for 3 hours but saw no doctor and I started to feel better so we went home. I still had anorexia, was drinking excessively and had a rash.

The next morning I felt better for twenty minutes after waking up, then the strong violent thoughts returned. I imagined myself going into the kitchen, grabbing a knife and stabbing my mother. They were so terrible that I grit my teeth and had terrible muscle tremors. So we went to the hospital again and in my head going over and again was ‘Kill Kill Kill’. We saw a doctor and everything was fine medically except for my bilirubin levels, which is a substance produced by the liver. It is normally 25, but read over 90. Therefore my body could not break down Prozac.

We saw a psychiatrist who did not mention anything about the Prozac, and did not prescribe me any anti-psychotics. The next few nights I still felt terrible and had a sort of a manic-episode with racing thoughts and agitation. Two weeks later I had a check-up by the psychiatrist who prescribed me anti-psychotics, but my body could not handle them. Thus I was referred to a gastroenterolgist who said that my liver function was affected by the Prozac, and so I had to wait a month before I could take anti-psychotics.

3 months after the Prozac I still have not recovered and still have a long way to. I still have violent thoughts occasionally. Taking ecstasy and then the Prozac was not a good combination at all. Well, we all make mistakes.

 

7/28/2002

This is Survivor Story number 18.
Total number of stories in current database is 48