Minnesota Attorney General Supports Widow in Zoloft Suicide Case

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[sSRI-Research] Minnesota Attorney General Supports Widow in

Zoloft Suicide Case

 

 

 

 

 

March 21, 2005

 

FOR IMMEDIATE RELEASE

 

Baum Hedlund, A Professional Corporation

12100 Wilshire Blvd., Ste. 950

Los Angeles, CA 90025

Contact: Robin McCall, Media Relations

(800) 827-0087 or (310) 207-3233

Web: www.baumhedlundlaw.com

 

 

 

Minnesota Attorney General Supports Widow in Zoloft Suicide Case

 

Minneapolis, Minnesota, March 21, 2005 - - The Attorney General for

the State of Minnesota filed a legal brief today with the Federal

District Court in Minneapolis arguing that the Food and Drug

Administration's regulations regarding prescription drugs do not

preempt stronger state laws.

 

Pfizer, the maker of Zoloft, filed a motion in Witczak v. Pfizer

arguing that it should be immune from liability for failing to warn

about dangerous side effects associated with its drug because Zoloft

was approved for use by the FDA. Kimberly Kay Witczak, the widow of

Timothy " Woody " Witczak, who committed suicide in 2003 while taking

Zoloft, contends Pfizer knew this deadly side effect is associated

with Zoloft but failed to warn doctors and patients.

 

However, the Minnesota Attorney General, Mike Hatch, argued in his

amicus brief that Minnesota has a strong interest in protecting its

citizens from hazards associated with prescription drugs. Mr. Hatch

cited the State's almost $1 billion per year purchase of prescription

drugs for its Medicare program. In addition, Hatch stated that it was

important to protect the State's right to bring suit against drug

manufacturers under the State's Consumer Protection statutes against

manufacturers who may have " lied about the [drug's] efficacy and side

effects. "

 

 

A Court hearing on the preemption issue is scheduled to take place on

April 8, 2005.

 

Timothy (Woody) Witczak was a 37-year-old dynamic and upbeat, happily

married man who was prescribed Zoloft because he was having

difficulty sleeping due to job-related stress. He was on Zoloft for

about five weeks with an increased dose before he committed suicide

(by hanging himself from the rafters in his garage). He had no

history of mental illness or suicidality nor does there appear to be

any history in his family.

 

His symptoms after Zoloft and before his death included profuse

sweating, worsened insomnia, horrible nightmares, headaches,

agitation and an odd feeling in his head (he told his wife that he

felt like his head was " detached from [his] body. " ) This phenomenon

has been acknowledged by Pfizer in internal company documents to be a

side effect of Zoloft.

 

Kim Witczak has traveled to Washington D.C. on numerous occasions to

lobby Congress to increase FDA scrutiny and raise awareness of the

risks of Zoloft and other drugs in its class. She testified at the

FDA advisory committee meeting in September of last year which

resulted in the FDA's request for black box warnings concerning the

increased risk of suicidality in children and adolescents.

 

The Witczak's story was covered in an I-Team feature on WCCO TV in

Minneapolis and Ms. Witczak has been quoted in a number of news

stories. She has a website devoted to her husband's memory and

raising awareness about the risks of Zoloft and similar drugs:

www.woodymatters.com.

 

 

Ms. Witczak is represented by Baum Hedlund, a national pharmaceutical

products liability law firm. The firm represents many clients in SSRI-

related suicide cases.

 

On March 22, 2004, the FDA asked Pfizer and the makers of a number of

other antidepressant drugs to include in their warning labels that

patients (both adults and children) should be closely monitored for

the emergence of suicidality. See:

http://www.fda.gov/cder/drug/antidepressants/AntidepressanstPHA.htm