Motus v. Pfizer, Inc.

196 F.Supp.2d 984 (2001)

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Nature of the Case

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Facts

Dr. Trostler had been seeing P for about 4 months and concluded that P was moderately depressed. Dr. Trostler did not think that Mr. Motus was suicidal or sufficiently depressed to warrant sending P to a mental health professional. Dr. Trostler prescribed P 25 milligrams of Zoloft for seven days, followed by 50 milligrams of Zoloft for fourteen days. Dr. Trostler did not warn P that taking Zoloft could cause him to have suicidal thoughts or experience akathisia. He did not discuss with P any contraindications of taking Zoloft and was not aware of any contraindications that would have suggested. P was not a good candidate for Zoloft. Dr. Trostler told P to call him if his condition worsened or if he experienced any side effects, and he also had P schedule a follow-up appointment twenty days later. Six days later, on November 12, 1998, P committed suicide by shooting himself. Dr. Trostler could not recall reviewing any information from D before deciding to prescribe Zoloft to P, although he 'may have' relied on some unspecified written information from an 'article or seminar.' When asked: 'In deciding to prescribe P Zoloft, did you rely specifically on any statements made to you by Pfizer representatives?,' Dr. Trostler replied, 'No.' When asked: 'Did you rely on any materials provided to you by Dr sales representatives in making your decision to prescribe Zoloft to P?' Dr. Trostler replied, 'No.' D moved for summary judgment in that P cannot prove causation.