Compulsive Gambler Wins Lawsuit Over Mirapex

Is this April Fools? No, I guess not, but it might as well be. Talk about personal accountability...where is it?

Unbelievable

I had a cup of Starbucks a couple of weeks ago and had a hard time falling asleep last night. That made me watch late night television and those infomercials. Bought too many things, you can say now I am a compulsive shopper.

i am so happy with this verdict i have suffered so much devistation taking mirapex since 2001 for r l s nobody knows how the stress has affected us. Say what they may i never gambeled before mirapex. Married for 29 years the only time i gambled was during the 29 years was when we took a vacation to las vegas for 3 days. since mirapex i cant seen to stop. My whole day all i think about how soon i can go to the boats.and if i cant get out i gamble on line. how can we all be wrong,all of a sudden hundreads of people all taking the same drug have developed the same problem.Coincidence i dont think so!! thease billion dollor pharmacuital need to take responserbility for there neglergence and stop reunion our lives we trust then to reserch there drugs so we are safe taking there products. they get away with to much make there money thats all they care about.

The verdict is deeply embarrassing to the civil justice system. It has no scientific validity, nor any logic, just based on the facts in the article.

But let's assume, the verdict is absolutely correct, and we are in the damages phase.

The plaintiff lost a specific amount gambling. 1) Should any gambling winnings go to the defendant?; 2) Should the value of the benefit of the medication be deducted, and reimbursed to the defendant if exceeding the value of the lost? He had Parkinson's disease. Say, it was bad enough to retire him. The medicine improved him, and allowed him to earn again, to enjoy activities, to have sex, to avoid placement in a nursing home, to go out as a tourist, to run about with family members, to be funny, to sleep better. Those benefits have value.

If the plaintiff gets to collect for his loss, but does not re-imburse the defendant for the benefit, the plaintiff has been unjustly enriched.

Paul G....the company has this reaction listed prominently in the literature for Mirapex.You may feel it's valid, but the manufacturer does. This information was added to the drug insert and widely reported in 2005.

http://bidocs.boehringer-ingelheim.com/BIWebAccess/ViewServlet.ser?docBase=renetnt&folderPath=/Prescribing+Information/PIs/Mirapex/Mirapex.pdf

"Impulse Control/Compulsive Behaviors Cases of pathological gambling, hypersexuality, and compulsive eating(including binge eating)have been reported in patients treated with dopamine agonist therapy, including pramipexole therapy. As described in the literature, such behaviors are generally reversible upon dose reduction or treatment discontinuation."

Is this latest news of an $8.2 million award true? I have not been able to find any other sources. I have called all the offices of law firm involved but all are on after-hours message service. IS THIS TRUE????

Laurie, Thanks. That is language identifying that cases have been reported in patients treated with this class of products, but as someone else said, the science is hard to understand and why gambling and not shopping Why gambling and not cleaning the toilet. Very difficult to discern.

Finally, if indeed that information is on the label, then the company disclosed the risk, therefore harder to prove it didn't.

Finally as Claus indicated, what would the payments be? Compensation for gambling losses?

This is dangerous.

Hi Lou,

Yes, it comes to me from Mealey's, as the attribution indicates. If anything changes or I learn of something additional, I will update accordingly, of course.

Regards ed

Dear Paul,

Yes, there are those who have other compulsions. People have repainted their houses over and over again, refinish furniture non-stop, eating, shopping, porn, etc, etc, etc. The gambling cases are coming to the fore first because they are considered the most straightfoward in terms of calculating damages. That's why this one case and two other bellweather cases were tried first as instructed by the judge ... among the 420 others who are part of this multi-district litigation being heard in the Fed Court in Minnesota.

Dear Paul,

Presiding judge approved plaintiff's pre-trial motion, with evidence presented, to allow claim for punitive damages.

Ministers, a doctor, two attorneys, bankers, and even a nun plus hundreds of other Parkinson's patients endured years of hell because of Mirapex. Remember that Mirapex was on the market in 1997 and that the warning was not put on the medicine until 2005. Even with that warning, Boehringer Ingleheim continued to deny any causal link. Many, many lives were ruined--marriages failed, bankruptcies were declared, people committed suicide. Can you imagine suffering from a disease like PD and having a medicine prescribed for that illness unknownst to you causing such destructive behavior? Warning? There are hundreds of people who had no warning until their lives were ruined. At least now people will have the facts to decide for themselves if they want to take Mirapex and if they do they will now know what effect it can have on their lives. People have no choice about Parkinson's, but they should have about a medicine that has the potential to ruin their lives!

"Finally, if indeed that information is on the label, then the company disclosed the risk, therefore harder to prove it didn’t."

" Remember that Mirapex was on the market in 1997 and that the warning was not put on the medicine until 2005. "

There's your answer, Paul. When you alter brain chemistry anything can happen.

And ... a neurologist laughed out loud in one victim's face in Summer 2006 when he asked if his new-found gambling compulsion might be linked to the drug.

The doctor laughed in my friend's face at the very idea and then went on to ridicule him for gambling away every last penny in his life's savings, retirement funds, his home, all his future healthcare and drug insurance coverage, while accummulating masses of new debt to gamble when everything else was gone.

The doctor went on to say that despite the warnings, there was nothing to it, that he and the hospital neurological unit he headed never had a patient with any such reaction.

He scoffed at the puported warnings and renewed my friend's precription for Mirapex. Made my friend feel like a fool and his will to try another doctor.

And sure enough, when he sought a second doctor's advice a year later, he was told the only option was brain surgery and so this doctor also wrote another sript for Mirapex and advised my friend to find other ways of controlling the gambling. He offered no help/advice towards that end.

And all this while he was still in the grips of the compulsion, sleep deprived, and hardly able to deal with the situation.

It took yet another consult, another year of gambling later, to find a doctor who would even agree to treat my friend without using Mirapex.

Not a pretty story, is it? Reasons why patients did not simply stop taking the drug aren't so simple either.

How'd you like to go through that and be left with nothing to help you deal with a beast of a disease and find care for yourself in dark future it threatens.

Hard to argue that he was left in the dark and abandoned by the healthcare community somewhere along the way. His concern and active search for help and information fell on deaf ears.

I prey this is true. Anyone that has suffered from the compulsivity problems induced by that "poison" (MIRAPEX). Might be able to get their life back. RS

Those of you who are mocking these plaintiffs (VICTIMS) should be ashamed of yourselves. Before rushing to judgement and condemnation, how about conducting a little research? It'll serve you well by decreasing your level of ignorance. I am a clinical and regulatory affairs specialist with 20+ years in the pharmaceutical industry. I know first hand about the potential for and common practice by big-pharma of manipulating pre-clinical and clinical data to demonstrate (skew) data in their favor. I've also been witness to the malicious practice of hiding and minimizing knowledge of adverse drug experiences.

My credentials being established, I've also read the first complaint to the US District Court of Minnesota, Civil No. 07-MD-1836, as amended Sept 2007. These are the 1st 15 plaintiffs in the Mirapex case. Putting all the legalese aside, the bottom line is that Pfizer and Boehringer purposely and maliciously hid pre-clinical, clinical, and post-marketing data from the FDA. This data unequivocally proves that the firms were well aware, even at the pre-clinical stage back in 1994), that Mirapex has the propensity to exacerbate obsessive/compulsive/pleasure-seeking behavior. This was documented by the firms' investigators in both animal and human studies, not to mention data they received from consumers themselves via post-marketing reports of adverse drug events. READ the complaint, people! Review all of the literature citations! Then let's revisit your ignorant judgemental comments.

Pfizer and Boehringer were malicious and greedy. Not to mention the fact that the firms are guilty of non-compliance with the statutes set forth in the Federal Food Drug and Cosmetic Act.

The victims of Mirapex adverse drug reactions are truly victims. They and their families have suffered greatly- both emotionally and financially. Plus, let's remember that they are sick to begin with-- they have Parkinson's Disease. They deserve every penny they can get from their litigations. If big-pharma wants to play, they better be prepared to pay.

You nay-sayers are too quick to rush to judgement, and you're ignorant to boot. Next time, try reading the facts. Do a little research. You might learn a thing or two.

Glad I'm smart.

God bless you, Tracy. I have now seen the court documents online with my own eyes. The $8.2 million award and judgement against the companies is true and virtually all of that money is for punitive damages.

Now, we also must not forget, as we watch the progress of the next two bellweather trials and of the 400+ remaining cases that are part of this multi-district litigation related to Mirapex, THINK ABOUT REQUIP TOO!

There are many people who suffered the same compulsions and dire consequences on Requip (another dopamine agonist like Mirapex). Nobody is taking on their cases yet. Gotta figure out how that gets kick started as well.

Tracie-

Would love to talk to your further about your background for Injuryboard.com.

Please contact me at jakre@clarislaw.com

Ours is a consumer website that covers many areas people need to know about to avoid injury.

Thank you!

I am so glad this verdict came down. gambling was totlly out of character for me, i starting taking mirapex in 2000 then gambling was like going to disneyland everyday. the more i went the more i lost till it nearly ruined my life and 36 year marriage. if any one of you had this happen to you, knowing that the drug company intentionally lied about the dopamine effects, you'd be just as glad at the outcome.and you can be sure that what we went through to prvoe our case was not pretty.not to mention the embarassment telling loved ones your a 55 year old grandma with a gambling addiction. i am now on methadone with not nearly the relief as what i had with the mirapex.i pray no one else has to ever go through this.

p.s. the writer stating that the pharmacuticals published the warning in 2005 for patients, is incorrect. i have a copy from my pharmacy from august 2007 with no such warnings.

'jocinda', YOU are incorrect. In 2005, Boehringer Ingelheim did update Mirapex's label to include reports of 'compulsive behavior'. All it took me was 30 seconds of searching on google. Go to google and type in 'mirapex gambling 2005' and a wealth of information will be provided to prove what 'Tracie' states above. I find it aggravating that some of you are so quick to cast judgement, yet you are too ignorant to do any research at all. Quote from article : " ... Boehringer Ingelheim updated Mirapex’s label in 2005 to include reports of 'compulsive behavior' among Mirapex patients..." Link: http://www.newsinferno.com/archives/3430 All it takes is a few minutes for all you ignoramouses to do some research and find that everything 'Tracie' said above is completely true. It's unfortunate that the internet has made it too easy for all you fat lazy slobs to spew your ignorant and unfounded points of view. Next time, put the twinkies down and take at least 60 seconds to do some research before you speak from out of your butt. Also, if the courts decision was so heavily in favor of the plaintiffs, don't you think it was because of the tremendous amount of research the prosecution did to prove their points? Sheesh, some of you should turn off your computer and go back to watching the Duke's of Hazzard...

you can do all the research you want, but in my files I have documents from my local pharmacy as well as express-scripts that do not in any way shape or form list compulsive disorders as a precaution. my advise is till you have walked in our shoes, you may want to reserve judgement. if your child were hit by a drunk driver and was permanently affected by the outcome would you be willing to walk away?

Jocinda...What you experienced is common. The warning is on the drug insert that few patients get. There was no Medication Guide mandated for this reaction, so the only requirement was putting the warning in the drug insert, not on the information sheet from your pharmacy. Barlow..take a breath....you're attacking those that have expressed their support for this decision.

I am so glad Tracie is so well informed. I was waiting until I completed all the comments to get really upset. I took Mirapex for 2 years and there is no way you can understand the devistation it causes. Sleepless nights, because you are either scared of what you are doing or trying to decide where your next gambling dollar is coming from. I am (or was) a well respected bank Vice President who has always conducted my business in a very responsible way. No credit, no overdrafts, no funny business. During Mirapex I opened every credit card (without my husband knowing) that I could I deceived everyone I could, anyway to get my next dollar to gamble. I walked the floor night after night worrying crying. That was the worst two years of my life and I lost everything we had and am in debt $200,000. plus. because of this drug. I'm not sure I would have believed it if I had not lived through it. My husband of 47 years is presicous. He has stood behind me through all of this. I know there are many who have lost their husbands and wives. If you have not had to go through this DO NOT BE SO QUICK TO JUDGE, (IT COULD HAPPEN TO YOU).

thank you Laurie. this is all I will comment on the subject. to all those who have expressed their support, me and my family thank you.

Lou, thank you for your info. Where can I view the actual court decision?

Tracie, your passion and commitment is evident.Thank you for your support. Having taken Mirapex for many years,I feel physically violated.I went from reading a book in a casino while my husband played,to the pack leader.People laughed when I first told them about a minor article that described the effects of the drug. It was like being possessed; sitting for hours at a machine;taking from Peter to pay Paul and never thinking of the consequences until reality set in. These companies screwed with my life and willfully hid the truth. The decision to take or not take Mirapex was mine;but it was cloaked in lies and insidious motivation. Who can we trust when greed is everywhere? Having Parkinsons since 1995 is a daily challenge;but having to bear the guilt of what I have done is sometimes unbearable.I pray for a grand slam decision;three trials that result in a major victory for all the plaintiffs.

I was robbed by someone when I was not even looking. Everything, gone, I don't understand how people who have not been effected by this terrible drug, have the nerve to get on here and judge us. YOU DO NOT HAVE PERMISSION TO JUDGE, I will only be judged by GOD, don't mess around with a job that you are not qualified for. "people who live in glass houses should not play with rocks." I know that I will be able to hold my head up a little higher when the facts are out about the winners in ths cases. I might even have a smile on my face for all the no sayers in my family. (on the way to the bank that is)

Hello, Maxi. You can see the court documents online by registering with 'PACER'. The PACER Service Center is the U.S. Federal Judiciary's centralized registration, billing, and technical support center for electronic access to U.S. District, Bankruptcy, and Appellate court records. There is a charge of 8 cents for every page viewed.

To gain access, you must register online at the following URL, after which PACER will send you a login and password by mail. That means that you won't have immediate access after registering online. (At least as far as I know; I am a first time user myself.)

http://pacer.psc.uscourts.gov/psco/cgi-bin/register.pl

so Lou, can you tell us what this web sight says? And does anyone know what will keep the drug company from filling bankrupt with all these cases and the first one is a good sign it is going to cost Just wondering if I will get my hopes up and be let down again

Oops, my mistake! I just doubled checked and you can get almost instant activation of access if you provide credit card info when you register.

“Customers who provide a valid credit card or debit card number at the time of registration will receive access instructions shortly thereafter (usually in a matter of minutes). Customers who do not provide a card number at the time of registration will receive access instructions via U.S. mail.”

Please read PACERS User Policies. They seem to warn against sharing your login/password and the documents sourced there.

Better check with PACER. I know not.

Here are a few lines from PACER's Policy:

"Access to Court iElectronic Records is supported by user fees. Any attempt to collect data from PACER in a manner which avoids billing is strictly prohibited and may result in criminal prosecution or civil action. PACER privileges will be terminated if, in the judgment of judiciary personnel, they are being misused. Misuse includes, but is not limited to, using an automated process to repeatedly access those portions of the PACER application that do not assess a fee(i.e. calendar events report or case header information) for purposes of collecting case information."

Lou....you're the best. I followed your directions and now I have access to PACER. Undertsanding the whole system is a formibible task but what a resource. THANKS AGAIN.

To Maxi and others,

I have belatedly posted a direct link here to the Mirapex lawsuit. Apologies for not doing so sooner.

Regards ed

sorry..where is the link please

Hi Maxi,

Look at the bottom of the third graph, where the sentence 'This is his lawsuit,' is highlighted. Just click on that.

Cheers ed

Great news!! I am convinced that the upcoming trials will have a favorable ruling.

Jocinda, I think you have a point about the inserts from the pharmacys. Please email me at belayf682@gmail.com to discuss further

Thank you

Legal wrangling ... check this out. Ouch!

http://lawprofessors.typepad.com/tortsprof/2008/07/plaintiffs-verd.html

Tracie again. I’ve gotten some inquiries for more detailed information and here it is. First my disclaimer- I am not an attorney. I am a Clinical/Regulatory Affairs Specialist for the Pharmaceutical Industry. Thus, some of my interpretations of the 1st Mirapex complaint may not be completely correct. However, I do believe my understanding is pretty damn close. Below is a link to the first Mirapex complaint filed with the US District Court of Minnesota. It is Civil No. 07-MD-1836, as amended in September 2007. The reason they call it “amended” is because of the separation of compensatory versus punitive damages. That means that, while all of the 15 plaintiffs in this 1st trial were eligible for compensatory damages (money awarded to them due to injury, out of pocket expenses, medication, having to get a second job, etc.), they were not necessarily eligible for punitive damages (money paid to them for pain and suffering, and which represents the jury’s way of making a statement about the negligence and maliciousness by the defendant companies). Punitive damages, as decided by the Minnesota District Court, were based upon the home state of each plaintiff. That is the court’s way of making punitive damages fairly awarded. In other words, the court says that each plaintiff was “injured” in their home state, thus they should be awarded punitive compensation based upon the statutes of that home state.

Interestingly, each state in the US has their own laws about punitive damages. A state will fall into one of 3 possible categories: i) A state where punitive damages are not allowed at all. For example- Louisiana, Massachusetts; ii) A state where punitive damages are allowed, BUT, the plaintiff must prove Prima Facie first. This means that the plaintiff must first have a preliminary hearing showing that he/she can prove injury, or where the injury is plainly evident. In this case, once Prima Facie is proven, they are eligible to win punitive damages; and iii) A state where punitive damages are allowed, AND the plaintiff does NOT have to prove Prima Facie first. Some states have caps on punitive damages, others don’t.

This complaint is extremely important to anyone who is dubious about the EVIDENCE offered by the prosecution against the plaintiffs. Beginning on page 10 of the complaint, a summary of the history of Upjohn’s (now Pfizer) filing to the FDA is presented. This is what our resident nay-sayers should try to swallow. There are numerous citations, starting at the preclinical phase of investigation (in animal models, before it goes into humans) of compulsive behavior. These citations are from the preclinical investigators themselves (Boehringer’s investigators). One example from the initial IND filing: “…(Boehringer) stated that animals that had been treated with Mirapex exhibited stereotypic climbing and compulsive gnawing.” Continuing into the clinical trials submitted with the NDA filing, there are literally dozens of citations taken directly from the firms’ clinical reports of “increased libido”, “compulsive behavior”, “loss of ability to control compulsive behavior”, “anxiety due to gambling”, and “addicted to gambling”. The gambling citations are from 1998!!!!!!!

Peruse the evidence for yourselves folks, then feel your blood pressure rise.

So, any reasonable person will question how Pfizer/Boehringer can deny any knowledge of compulsive gambling? And how can they deny any causal link between the drug product and the adverse events?

I’m sorry if my rant is a bit disorganized, but the facts are right there in Complaint 07-MD-1836. Please check it out for yourselves. Here is the link:

http://thomsonrogers.com/files/Mirapex_Products_Liability_Class_Action_071128_Punitives_Mdl_order.pdf

Feel free to ask any questions if you have any. I love to talk pharmaceutical, and I really support the plaintiffs in this case.

Tracie

Thank you Tracie for the excellent information. In addition to the overwhelming factual data you have provided, I have to ask : Where are the defendants 'experts' who should be rebutting all this information? While Tracie and others are providing us with almost undeniable proof that Mirapex causes/caused compulsive behaviors (and knew about it); including uncontrollable gambling (even in people who NEVER gambled before); where are the expert witnesses for the defendant(s) who are supposed to be disputing everything? On all the boards I have been on, the only people scoffing at the accusations (and the results of the first case) seem to be internet couch potatoes that have nothing better to do. You would logically figure that if there was direct proof that could denounce the victims/plaintiffs claims, it would be posted everywhere; yet I find none.

I would like to direct my comment to "Paul G." Paul, Speak not of which you know nothing about. This drug has affected HUNDREDS of people this way. That's why HUNDREDS of people have sued the drug manufacturers. Next time you make fun of the plaintiffs, maybe you should count your blessings that you were not a victim to these money hungry drug manufacturers who knew all along that Mirapex had this side effect and yet intentionally failed to disclose it to the public. Again: Speak not of which you know nothing about.

Tracie,

Thank you for your insight. Could you please email me at belayf682@gmail.com.

Bravo Tracie, Finally someone with the necessary intellect to represent those whose lives have been negatively altered by pharmacutical companies that hide facts under the cloak of greed. Thousands of recipiants using Mirapex were literally destroyed by the side effects of the drug. Concealing the facts well known by these Phara companies it totally unforgivable. Concealing known facts regarding side effects that heightened compulsiveity is nothing but total negligance. Brave Tracie for your irrefutable evidence of denial of facts from the pharmacutical Companies.

Ben Dover

No one should EVER take any drug of ANY KIND until they have proven that they have a minimum of two brain cells to rub together. Enough to spend some time actually learning about what they are about to put in their mouths. If John and Jane Q. Public could just remember the following things: 1) All drugs have side effects--- ALL DRUGS. Is your problem really worth risking the chance you may suffer one of these devastating side effects? Really think about it before you tell your doctor you want the latest greatest thing advertised on TV. 2) Stop expecting there to be a magic pill to fix what ails you. There are precious few magical cures among the thousands and thousands of drugs on the market. 3) Drug companies exist to make money and they spend a lot of money on fancy commercials and ads to appeal to you. Don't fall for it.

SUMMARY OF SIDE EFFECTS CAUSED FROM MIRAPEX

Philip J. La Plante 6/5/08 12150 Vista De Cerros Dr. Moreno Valley, CA. 92555 Hm# 951-242-7206 Cell# 951-543-8901 philiplaplante@hotmail.com

In January of 2000, I started to show tremors in both legs and left hand and rigidity in my muscles and I had a hard time walking and standing for a long period of time. Being concerned about my condition, I went to Kaiser in Fontana, California, were I was seen by a Dr. David Rice a Neurologist. It was at this point that I was prescribed Mirapex to treat my symptoms.

In November of 2007, due to all of the pathological gambling, betrayal, lying, stealing and destruction to myself, my family, my wife and children and basically to everyone that I have ever known, I tried to take my own life (5150). The ultimate sin. I tried to stop all of this pain and agony to myself and my loved ones, I tried to take own life by overdose. I never thought for a minute that I could be in such a dark place like this that I would try to end my life. Some how before I had passed out, I had dialed 911 and asked for help and was taken to Redlands Community Hospital and put under a suicide watch and spent the next seven days trying to get back to reality and in the right frame of mind to function in my life once more. Before all of this I was a very strong willed person, loving life at its fullest and very functional in life and financially stable.

In December of 2007 I went to a Gamblers Anonymous meeting and explained my situation, that I was compulsively gambling out of control for years and also talked about my condition with Parkinson’s Disease. After I was done talking, a member at the meeting that had been going to these meetings for several years mentioned that there was a another gentleman that was at a meeting a couple of years ago that also had Parkinson’s Disease and found out that the medication that he was on at the time caused him to compulsively gamble. It was from this point till now that I have been doing research on the side effects of Mirapex.

In February of 2008, I was still having problems with coping with all of this tragedy and turmoil that I finally broke down and suffered a nervous breakdown and was admitted into Loma Linda Behavior Medical Center for ten days. During this time, I was evaluated and put on medication that would help me cope with life. I knew that at this point I had given up and put my life in God’s hands, I had no were else to turn. It like I was in hell

The preliminary diagnosis was PD and was confirmed February 2008 with a live Dopa PET scan at UCLA. Dr. David Rice started to treat my symptoms with Mirapex. As time went on I suffered from numerous side effects caused from this medication like falling asleep while driving, loss of memory, shortness of breath, compulsive over eating, weight gain, 145lbs., insomnia, pathological gambling, swelling in my legs and feet, self-destruction, depression, anxiety, family, my career and etc

I want the manufacturer of this medication to be aware of the dangerous and life altering effects this medication has on myself and others before and after me who are suffering from the same or different negative and life altering effects. .

I have spent the past several years in a living nightmare. I had lost control of my life, my career and my marriage. I had destroyed everything that I had worked so hard to accomplish in my life. My hope is that I can find an attorney who can help me.

Thank you.

Philip La Plante

Tracie,

I was diagnosed with Restless Leg Syndrome around 7 years ago. I am currently taking Mirapex and before that I took Requip. I developed a gambling problem around that same time. Could it be true that this medicine that I take everyday could be the cause of this monster that has ruined my entire life. OMG. Sorry I'm in shock right now. I have lost everything! My marriage of 21 years, my boys, my home. I lost everything that I Loved because I couldn't stop gambling. I can't stop. I've always wondered how someone who had no interest in gambling could all of the sudden become a compulsive gambler. I will be looking into this further and for an alternative medicine to take for RLS.

to RLS believe it. You need to stop taking Mirapex. Your gambling will just go away. I was in this tairlspin for two years. Just suffer with your legs or drink tonic water with quine in it. My doctor told me about the tonic water and it does help.

TO Tracie,

I am have RLS and took Mirapex from about a month after it was approved by the FDA until about a year and a half ago. I also am a plaintif in this lawsuit. I was elated at the outcome of the first trial and refuse to feel bad over the ignorance of some of these people.

I live in Texas and am ignorant of legal matters. I would like to know if there is a way to find out what my case #. I think it should be close to the 200 mark.Is there someplace that we can read the testimonies or about the proceedings of the day. I am a johnny come lately to this sight and have not read it all yet.Thanks a million for your very appreciated and professional input.

Sandy Trahan

To SANDY TRAHAN,

Is this the case you are refering to "Trahan v. Boehringer Ingelheim Pharmaceuticals, Inc. et al"?

If so, there's 21 Docket entries. Latest one done on June 12, 2008 mentioning a "NOTICE OF ATTORNEY APPEARANCE/SUBSTITUTION for Pharmacia & Upjohn Company, LLC, Pfizer Inc., Pharmacia Corporation"

Your entire case is refered to as "CIVIL DOCKET FOR CASE #: 0:07-cv-03113-JMR-FLN"

And if you are signed up to PACER, you can read every docket/document here : https://ecf.mnd.uscourts.gov/cgi-bin/DktRpt.pl?217487885954719-L_567_0-1

Hope that helps.

- Bartlow :)

PS - Each individiual case against Mirapex is listed here (you need to belong to PACER though): https://ecf.mnd.uscourts.gov/cgi-bin/AsccaseDisplay.pl?92448

Tamara,

It is quite obvious to me that you are one of those poor souls lacking one of the two brain cells required to rub two together. Your apparent lack of knowledge in the pharmaceutical and medical professions is quite incredulous. It is crystal clear that Pzifer/Boehringer intentionally conspired to conceal the devastating results of clinical trials showing the drugs effect on compulsivity. Mirapex proved to cause dangerous and life threatening results. Systems such as: loss of memory, shortness of breath, compulsive over eating, swelling of legs/feet, insomnia, pathological gambling and increased sexual desires. As far as "learning what to put in your mouth", is it not time to open yours and remove your foot? Should you become a diabetic one day, perhaps you should not take insulin for fear of "side effects" For a more accurate and informative entry, read comments above provided by Tracie.

Bartlow H.-

Thanks for giving Sandy T. the critical information she was looking for. I kept meaning to search her case on PACER, but my job's been crazy busy! (Big pharma, ya know! ;)

Sandy T.-

I know you will find Bartlow's information a great source of help and reassurance. I know you and all the other victims in this case will prevail.

I simply cannot wait for the 2nd bellwether case to conclude, and that could be any day now. Another stunning defeat to the defendants, right on the heels of the Charbonneau victory, will really cement the fact that Boehringer and Pfizer have blatantly disregarded the Federal Statutes governing the development, marketing and post-marketing requirements for new drug products.

Emily E.-

Kudos to you for putting Ms. Tamara in her place. After reading her ignorant, mean-spirited and uninformed post, I wanted to rebut (again!) but, obviously one cannot provide enough scientific evidence to satisfy some people. I just didn't have the energy to repeat my initial statements and links to the published evidence to someone who obviously doesn't read anything intelligent in the first place. So thanks for your well-informed blog.

To Bartlow and Emily

Thanks amillion times over for leading myself and others in the right direction in this legal information. It was very helpful and appreciated.

I joined Pacer last night. They said it would be the 24th of this month before I could have access to the web sight I can hardly wait to see my exact * of filing and day to day info. Do you all think the most of us will actually get a 6 or 7 figure dollar amount. This is hard for me to digest.

Thanks again,

Sandy T

Sandy T.-

So happy you are getting the information you need. Like I've said before, I'm not a lawyer, rather, I'm a Regulatory Affairs Specialist in the pharmaceutical industry. So, I'll give you my opinion from a pharmaceutical industry point of view, with a sprinkle of my pharma-legal experience chocked in for good measure.

Fist, we must define the 2 types of settlements that a plaintiff is eligible for. The first kind is called "Compensatory Damages". In layman's terms, this means monies awarded to a plaintiff by the court to compensate them for expenses incurred as a result of an injury caused by a product (in this case Mirapex). In the Mirapex case, Compensatory Damages might be awarded for such things as money lost due to compuslive gambling, money paid to doctors or psychiatrists while trying to find out what was wrong, money because the plaintiff or a family member had to go out and get another job, and any issues that could be identified as 'pain and suffering' etc.

Here is a quote from lexisONE/Mealey explaining the exact nature of the Compensatory Damages awarded to Gary and Cynthia Charbonneau in the first bellweather case:

"The jury awarded Gary Charbonneau $204,000 for gambling losses, $175,000 for pain and suffering and $15,300 for 'opportunity costs'. Cynthia Charbonneau was awarded $85,000 for loss of consortium."

Link to source:

http://www.lexisone.com/news/nlibrary/m080708m.html

The second kind of award is called "Punitive Damages". In layman's terms, this means monies awarded to a plaintiff by the court with the intent of making a public statement about the magnitude of the damage done by the defendant/s. In other words, punitive damages are awarded in a lawsuit to punish the defendant/s and make an example of them by showing what happens to individuals or companies when they conspire to do malicious, evil and/or fraudulent acts. In the Charbonneau case, the jury assessed punitive damages of approximately $3.9 million against each of the defendants ($3.9 million against Boehringer plus another $3.9 million against Pfizer/Pharmacia). This information is also covered in detail by the lexisOne/Mealy article, link above.

One really important point to know about Punitive Damages is that they are regulated by one's State of residence (the state where the plaintiff lives). Without going into superfluous detail, this means that some states DO NOT allow anyone to be awarded Punitive Damages at all, while other states DO allow Punitive Damages (via prima facie laws or not). Punitive Damages are a huge bone of contention amongst states, attorneys, industry/defendants and plaintiffs. You'll see this topic almost any day in the media in articles, editorials and blogs about tort reform.

Anyhow, Sandy T, according to the first complaint filed with the US District Court of Minnesota (the Charbonneau case), Complaint 07-MD-1836, Link: http://thomsonrogers.com/files/Mirapex_Products_Liability_Class_Action_071128_Punitives_Mdl_order.pdf in the state of Texas, "a plaintiff is not required to make a preliminary showing to allege punitive damages". This means that your state DOES allow punitive damages, and you do NOT have to have a prima facie decision first. Bottom line, Texas = good for Sandy!

Now that I've (hopefully) explained the basic difference between Compensatory and Punative Damages to the best of my knowledge, I'll give you my OPINION on what could happen with the majority of the 400+ upcoming litigations.

Unfortunately, we only have the Charbonneau decision to look at for precedent, pending the outcome of the 2nd and 3rd bellweather cases. That being said, the Charonneau decision is a GOOD precedent for the next 399 cases.

Insofar as Compensatory Damages, these will be hard for Boehringer/Pfizer to dispute and I would think they'll be paid out to plaintiffs. Punitive Damages are another matter altogether. If the next 2 of the remaining bellweather cases are like the 1st, the Punitive Damages will be huge. With this in mind, Boehringer/Pfizer will have three options: (i) they could just pay every cent of punitive damages to each successful plaintiff. This option is not likely. (ii) they can file an appeal to each or selected cases. This will hang both the plaintiffs and defendants up in court for heaven knows how long. During the time of an appeal, I believe that the defendants do not have to pay out any monies at all. [Someone please correct me if my understanding is wrong.] Appeal is a risk:benefit decision that the defendants' attorneys will have to make, based upon many variables such as the outcome of the 1st three bellweather cases, taking into account the remaining 397 cases after that, court and legal costs, media relations, board of directors/stock issues, etc. (iii) the defendants can pay Compensatory Damages to each plaintiff, and then propose a settlement on the Punitive Damages.

In my mostly-ignorant opinion, I'm going with option number iii just based on a practical evaluation of the risk:benefit ratio. Of course, that's what it's all about, folks, the do-ray-mee MONEY! The defendants need to seek out the least financially harmful way to settle the litigations. In my thinking and pharma experience, that is option iii.

As an example of option iii, let's say that John Q. Public is awarded a sum total of $6 million in Compensatory and Punative Damages. A likely scenario is that the defendants' attorneys will say, "Listen John Q., you can settle with us now for a payment of $2 million, or we are going to appeal your decision. That, Mr. John Q., is the best we can do, or else we'll all be hung up in court in an appeal during which you'll have no award for an indeterminate amount of time." Then John Q. and his attorneys will make their decision as to whether or not to take a settlement and for how much.

Based upon all the variables, I would think that option iii (a settlement) is the most likely and practical for all parties- PROVIDED the settlements are fair to the plaintiffs/victims.

Sandy, I hope this information proves helpful. Like I said, this is my opinion and I'm not an attorney. I welcome anyone to correct any of my interpretations of the law or pending cases, or provide additional insight as to what the final outcomes could be in these cases.