Tardive Dyskenisia - Legal case

[Guest guest]

Have any of you read this??? This sounds just like my mom's situation...one day

she was walking and talking and then lying in bed moving like crazy.

Psychiatric Drug Facts

R. Breggin, M.D.

Tardive Dyskinesia Legal Settlement

A tardive dyskinesia malpractice case was settled in trial following

testimony by psychiatrist R. Breggin, M.D. on behalf of the plaintiff in

November 2001. The settlement amount was not disclosed but was considered more

than satisfactory by the plaintiff. Dr. Breggin was the plaintiff's only

expert. Dr. Breggin has a longstanding concern about tardive dyskinesia and

first began writing and warning about it twenty years ago.

Tardive dyskinesia is a drug-induced movement disorder that is

usually irreversible. There are no adequate treatments.

Drugs that are used to treat psychoses, such as schizophrenia or mania,

can cause tardive dyskinesia. The FDA has mandated that all neuroleptic or

antipsychotic drugs carry a uniform warning about causing tardive dyskinesia.

These drugs include Zyprexa, Seroquel, Risperdal, (use by mom) Geodon,

Clozapine, Thorazine, Serentil, Mellaril, Prolixin, Haldol, Loxitane, Moban,

Trilafon, Orap, Navane, and Stelazine.

The abnormal movements of tardive dyskinesia can afflict any

muscle group of the body, including the face, eyes, mouth, tongue, larynx, neck,

shoulders, torso, diaphragm, arms, legs, feet and hands. The disorder can

impair the ability to walk, to speak, to breathe and to swallow. It is highly

variable in expression and severity.

One variety involves painful spasms of muscles that can literally

torture the unfortunate victim (tardive dystonia). Another variety involves a

potentially agonizing inner agitation that drives people to move their arms or

legs, or to pace (tardive akathisia). (This sounds like Mom)

Some cases are painful, disfiguring, exhausting and ultimately

disabling. Sometimes serious cognitive problems or dementia (tardive dementia

or tardive dysmentia) can occur.

Tardive dyskinesia often looks so " strange " or " bizarre " that it is

mistaken for a " mental illness " rather than a neurological disorder. The

longer the tardive dyskinesia patient continues to be treated with the offending

neuroleptic drugs, the more likely that the patient will develop a severe and

disabling case. Therefore, it is critical to identify the earliest possible

signs of the disorder and to stop all neuroleptic medication as quickly as

possible.

The identification of the disorder is made difficult by the tendency

of neuroleptic drugs to suppress or mask the very symptoms they are causing, so

that the symptoms abruptly break out when the drug is reduced or stopped.

Doctors must be very careful to limit the use of neuroleptics and to

periodically examine patients in a thorough fashion for signs of abnormal

movements. Physicians should educate patients and families about the dangers of

tardive dyskinesia. They should document in the record informed consent, the

justification for the neuroleptics, plans for future discontinuation of the

drugs, and periodic examinations for tardive dyskinesia.

Thus far, all five tardive dyskinesia cases that have gone to trial

with Dr. Breggin as an expert witness have been won or settled in favor of the

plaintiffs. These five cases have taken place in Pennsylvania, Louisiana, New

Jersey, Alaska and Canada. In four of the cases, the jury found for the

plaintiff. One jury award was for $6.7 million. In the fifth and most recent

case, the defendants settled after Dr. Breggin's testimony and therefore the

case did not go to the jury.

In examining the reasons for success in these cases, Dr. Breggin

stated that the standards of care in regard to neuroleptic treatment and tardive

dyskinesia are among the most clearly defined in psychiatry. When they are

ignored or disregarded by physicians, the results can be devastating to the

patient.

Attorney Danny McGlynn of Baton Rouge, Lousiana was the trial lawyer

for the Pennsylvania and Lousiana cases, and has developed considerable

expertise in this arena. Dr. Breggin has also been a medical expert in

several dozen other tardive dyskinesia suits that have settled before going to

court.

The settled cases include malpractice suits against doctors and health

facilities, and product liability suits against manufacturers of antipsychotic

drugs. Only the most difficult cases tend to end up in trial.

The latest case took place in New Jersey and involved allegations of

malpractice against doctors and a clinic. (Daye vs. University of Medicine and

Dentistry of New Jersey et al. in the Superior Court of New Jersey Law Division:

Essex County.) The plaintiff was an African-American woman who was treated as

an outpatient with several different neuroleptic (antipsychotic) drugs. She

developed severe tardive dyskinesia and tardive dystonia. Her neck and her back

were especially afflicted, causing a painful arching (extension) of her muscles.

She also suffered from facial grimaces. The tardive dyskinesia disabled and

disfigured her, and tended to make her look mentally ill.

Dr. Breggin testified that the plaintiff''s doctors had not properly

informed and educated the patient about the dangers of tardive dyskinesia, that

they had failed to properly monitor her, and that they had failed to diagnose

the disorder in its early stages when it may have been reversible. He testified

on a variety of related medical topics, including the nature of clinical trials

and the FDA drug approval process.

The attorneys for the plaintiff were Jack Wurgaft and Kahn.

See additional information on this website (www.breggin.com)

concerning neuroleptic drugs and tardive dyskinesia.

For further documentation and detailed discussions of the harmful

effects of neuroleptic drugs, including tardive dyskinesia, consult the

following books:

(1) Breggin, M.D. Brain-Disabling Treatments in Psychiatry:

Drugs, Electroshock and the Role of the FDA (Springer Publishing Company, 1997)

for extensive scientific analyses of neuroleptic drug effects and also standards

concerning clinical trials for the FDA approval of drugs.

(2) Breggin, M.D. and Cohen, Ph.D., Your Drug May Be

Your Problem: How and Why to Stop Taking Psychiatric Medication (Perseus Books,

1999) for a more popular, abbreviated discussion of neuroleptic drug effects.

Also see Dr. Breggin's resume on this website (www.breggin.com) for

additional related books and for his peer-reviewed articles relating to

neuroleptic effects and also clinical trials for the FDA approval of drugs.

WARNING!

When trying to withdraw from many psychiatric drugs, patients can

develop serious and even life-threatening emotional and physical reactions. In

short, it is dangerous not only to start taking psychiatric drugs but also can

be hazardous to stop taking them. Therefore, withdrawal from psychiatric drugs

should be done under clinical supervision. Principles of drug withdrawal are

discussed in Your Drug May Be Your Problem: How and Why to Stop Taking

Psychiatric Medications , by R. Breggin, MD and Cohen, PhD.

.

Home - Books - Biography - Resume - Contact Dr. Breggin

R. Breggin, MD

101 East State Street, PMB 112

Ithaca, New York 14850

By Appointment Only

Phone

Fax

with joy, Arroyo

2030 Longmeadow Lane

Birmingham, AL 35216

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