Neurontin, an antiseizure drug manufactured by New York-based pharmaceutical giant Pfizer, is yet another highly prescribed medication with deadly side effects. Approved in 1994 by the Food and Drug Administration to help sufferers of epilepsy with pain and partial seizure prevention, Neurontin has been found to increase suicidal thoughts and actions among patients who use the medication. In fact, the FDA found a startling 80 percent rise in suicidal thoughts and behaviors in data from nearly two hundred studies conducted by the agency.  These studies show Neurontin to be a harmful drug to a certain percentage of the population.

Last July, the first lawsuit against Pfizer went to trial. There are roughly 1200 other cases pending involving Neurontin. The most recent was brought to trial last week in a federal court in Boston, Mass., but both parties reached an agreement before the trial had ended.

Pfizer Inc. also announced that a settlement in a wrongful-death lawsuit was reached for an undisclosed amount on Monday. Linda Shearer, the plaintiff in the lawsuit, claimed her husband Hartley Shearer was prescribed Neurontin to control the effects of his paralysis and that his use of the drug caused him to commit suicide in 2002. The lawsuit also alleged that Pfizer promoted the use of Neurontin even though it was not approved by U.S. regulators and that Pfizer also knew of the suicide risks linked to the product but failed to warn consumers. While the exact details of the settlement are unknown, sources close to the case estimate the final number at no less than $400,000.

This settlement is another setback for Neurontin, a product with a history of legal woes and high-priced lawsuits. Last month, a federal jury found Pfizer guilty of violating an antiracketeering law by marketing Neurontin for off-label uses and awarded damages of $47 million, which is to be automatically tripled under the law. Pfizer said that it plans on filing an appeal and is currently pursuing a postmotion trial. The company also shelled out $430 million to settle a governmental investigation after pleading guilty to a criminal charge linked to the promotion of Neurontin.

A defense against the eggshell plaintiff rule is the crumbling skull rule. The crumbling skull rule seeks to rebut the eggshell plaintiff rule by alleging that the harm incurred by the victim was inevitable and the defendant’s actions only had a minimal effect upon the already deteriorating circumstances. For example, a dying patient is treated improperly by a doctor. Under the crumbling skull rule, the doctor would still not be liable for the death of the patient because the doctor’s negligence was not the cause of the patient’s death or deteriorating health, but rather the patient’s deterioration was the inevitable result of his pre-existing illness.   The crumbling skull rule seeks to deny causation between the defendant’s actions and the victim’s injuries.

A California jury awarded a 16.1 million dollar wrongful death lawsuit award to the family of a woman who died after participating in a Sacramento radio promotion nicknamed “Hold Your Wee for a Wii.”

It was in 2007 that Jennifer Strange participated in the stunt for radio station KDND-FM where she and other contestants were given large quantities of water to consume and told that the last person to use the bathroom would win a Nintendo Wii.   Jennifer Strange consumed 2 Gallons of water over a three hour time period before eventually quitting (and finishing in second place).   Just a few hours later, Strange was dead – having fallen victim to a condition called hyponatremia, which is when the blood becomes nutrient poor from water intoxication.

When the lawsuit first surfaced, the radio station claimed that Strange had signed release forms and that she should bear some responsibility for her actions.  But soon after, tapes of the radio show revealed that numerous listeners had called in warning the station that they might be jeopardizing the contestants health.  These calls included one from a nurse who specifically warned the show about water intoxication and its potential deadly affects.

This is ultimately what proved so damaging to the stations defense in court.  Yes, Mrs. Strange had signed waivers and was a willing participant, but when the station was warned it might be risking their lives they had a responsibility to stop the stunt immediately.

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