UK PSSD legal action

[Brooks Esq.]

Lawyers will always get back to you and may even rate chances of settlement higher than they actually are because they want to make the money. For any chance of successful legal action it'd have to be a class action lawsuit with many many people on board.

I believe you are mistaken. We can't take cases that have a low probability of success, this only places an attorney at risk of losing thousands (or with these types of cases millions) of dollars. Taking a case against big pharma itself will cost a lawyer well over a million dollars of their own time and money to put on a case of that kind. Losing it can make you and your firm bankrupt. If you have met a lawyer that is interested in handling a PSSD case, take him/her and never let them go. I currently practice provisionally, I have PSSD and hate big pharma, and I don't even know if I would take on a PSSD case. I plan to file a class action some day, but now I know that if I tried to put on a case like that (1) big pharma would BURRY me in lawyers, discovery, motions, and documents; it would take me hiring a team of people just to handle the one case. (2) I would run out of money and resources before I even got it to trial, as most lawyers would. (3) they would smoke me with their army of lawyers. The assertion that lawyers would take a case against big pharma for money is completely untrue; even agreeing to take the case risks them losing their firm and everything they own.

[Janie]

Hi Brook, as you are a lawyer if I'm not wrong, can you give me some information? I know EU law can be different than US, but still..

Can I sue even if I got the generic form and not the brand name?
Can we have a class action when we've taken different drugs from the SSRI class or is is necessary to collect people who took the drug with the same active ingredient?
Could we start an EU level class action if we collect like 10 persons with PSSD?

Thank you if you can help.

[future-recovery]

SSRIs have been studied extensively for 50 years, if there was any significant evidence they could cause neuronal damage they would have never even made it onto the market, yet alone gained FDA approval to prescribe to kids.

1. SSRIs have been prescribed for 30 years now.
2. Your argument is illogical. If only PSSD leads to neuronal damage, then of course there might be no significant evidence of neuronal damage as their studies also don't report about any PSSD cases.

Just because we don't know the exact mechanisms in which PSSD occurs doesn't mean it involves brain damage.

No, but it also does not mean the opposite.

The fact that some people recover from certain supplements/medication is proof that brain damage is not the culprit.

Nonsense. 1. No controlled study has shown that anyone with PSSD is able to recover with supplements. 2. The brain can compensate for damage. 3. There are likely different types of PSSD 4. There are different types of brain damage.

[Bigmum]

I doubt if there are difrent types of pssd.
Maby variety and severity of symptoms.

[lost_soul]

It certainly feels like brain damage, people have tried all sorts of things that profoundly alter serotonin/dopamine etc levels and never revert to a pre pssd state

[Glitch]

Man, if there was a way to test for PSSD to prove it, we would all be filthy fucking rich from all the lawsuits, haha.

[Juvo]

It certainly feels like brain damage, people have tried all sorts of things that profoundly alter serotonin/dopamine etc levels and never revert to a pre pssd state

Except for the people who did go back to a pre pssd state. I know you like to refute any recovery story because there isn't documented proof, but then by that logic and merit, none of our stories are true either.

[siebs1122]

SSRIs have been studied extensively for 50 years, if there was any significant evidence they could cause neuronal damage they would have never even made it onto the market, yet alone gained FDA approval to prescribe to kids.

1. SSRIs have been prescribed for 30 years now.
2. Your argument is illogical. If only PSSD leads to neuronal damage, then of course there might be no significant evidence of neuronal damage as their studies also don't report about any PSSD cases.

Just because we don't know the exact mechanisms in which PSSD occurs doesn't mean it involves brain damage.

No, but it also does not mean the opposite.

The fact that some people recover from certain supplements/medication is proof that brain damage is not the culprit.

Nonsense. 1. No controlled study has shown that anyone with PSSD is able to recover with supplements. 2. The brain can compensate for damage. 3. There are likely different types of PSSD 4. There are different types of brain damage.

1. 30 years is still an extremely long time compared to most medications on the market.
2. Your argument makes zero sense. How would SSRIs cause brain damage in only some people and not in the majority of others? Either a substance is neurotoxic, or it isn't. It's literally one of the first things researchers look for in phase I animal tests before moving onto human trials.
3. There is also hardly any medical literature that supports the existence of PSSD in the first place, obviously there isn't literature on current treatments, that's why we are all on this forum in the fist place. I personally recovered extensively with metergoline and forskolin. The brain is only nueroplastic to some extent, in certain areas of the brain. Even if there are different types of PSSD, they probably all share a common mechanism. "Brain damage" involves cellular death, or visible lesions in the brain and or spinal cord. There is absolutely not a shred of evidence SSRIs can cause any type of cellular damage, not even in mice.

[Brooks Esq.]

Hi Brook, as you are a lawyer if I'm not wrong, can you give me some information? I know EU law can be different than US, but still..

Can I sue even if I got the generic form and not the brand name?
Can we have a class action when we've taken different drugs from the SSRI class or is is necessary to collect people who took the drug with the same active ingredient?
Could we start an EU level class action if we collect like 10 persons with PSSD?

Thank you if you can help.

I must warn you that iam not a licensed attorney in any State, iam only allowed to practice provisionally under the supervision of another lawyer. In addition, I'm not competent in this area of law to provide in depth details. However, generic drug manufacturers have been able to weasel their way out of liability for decades, because their drugs are supposed to be identical to the name brand drug it has somehow shielded them from any kind of accountability. I do remember there being a new state of the art case in my torts class that spoke of jointly shared liability between generic drug manufacturers and name brand ones; so in essence, they would share the cost of liability as they both produced the drugs, this was especially the case when the patient did not know which version of the drug they had taken (which generic). There was also a more recent case from Illinois that holds generic manufacturers liable for harm caused when a drug is knowingly dangerous (See Trahan, the Guvenoz v. Target Corp., Inc., No. 12-L-005162 (Mar. 27, 2015)) but this was when a person brought a claim under state law in the state court and not in the federal courts. So certain states might provide more protection than the federal court system would.

And you asked if you can create a class with 10 people. The answer is no. The Federal Rules of Civil Procedure I believe it's rule 29 of the FRCP governs class actions in the federal courts. Although it doesn't specifically provide a minimum number, judges will not entertain a motion to certify an action as a class unless you have at LEAST 30 people, but ideally 50.

If you are located within the United States borders and your state provides heightened protection from generic drug manufacturers then you can choose to file your suit in the state court. Due to the fact that the drug manufacturers deliver their drugs into all 50 states, and derive money from the states, subjects them to be hauled into any of the 50 states courts. (See the world wide Volkswagen case-"stream of commerce")

[lost_soul]

One thing that really concerns me is I cannot get erect at all, to any degree, when standing up, whereas I can when sitting/lying. To me that feels like a spinal cord thing.