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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32350
Experience:  Began practicing law in 1992
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My daughter has been dealing with depression five years. We

Customer Question

My daughter has been dealing with depression for over five years. We decided that she might need to go back on medication. Our insurance company had Organic Psychiatry as a preferred provider. My daughter was to see Dr David Auluck, he was out so she saw his father Dr Harinder Auluck. All forms were filled out about my daughter's health history. He placed her on 20 mg of Celexa, that evening my daughter went into a catatonic state from the drug and we rushed to the emergency room where they provide an IV and fluids and drugs to help her reaction from the medication. I called the doctor that night, he got back to me in 48 hours seeming to have no knowledge of seeing my daughter. The emergency room visit was $8,000 which I owe about $1,000 plus the visit to Dr Auluck was $250. Do I have any legal recourse here to get the doctor to pay for this?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

What did the ER indicate caused the reaction? Was she allergic to Celexa, was it contraindicated with some other meds she was taking, etc?

Customer: replied 1 year ago.
She was not on any other medication. The doctor said that my daughter was having a very severe reaction to Celexa. He called them the side effects to that drug. I checked with my wife and she remembers that they did not call her reaction allergic, they called it the potential side effects to the drug Celexa, which was very severe in my daughters case.
Expert:  Dwayne B. replied 1 year ago.

If it is a known side effect of the drug and not something that was caused by a reaction to another drug that the doctor missed when he was prescribing then there isn't likely to be a cause of action against the doctor or the pharmaceutical company.

When your daughter received the prescription she should have received a slip of paper or a print out from the pharmacy that listed potential side effects. The doctor, the manufacturer, the pharmacist and the FDA know that these can occur, they just occur in a small enough percentage of the population to where the FDA has deemed it to be an acceptable risk.

The only way to pursue a cause of action against anyone if it is was prescribed for an off label use, which it doesn't sound like it was, or if the doctor didn't check for an interaction with another drug she was taking.

You may still want to talk to a local lawyer and see if they would be willing to write a letter to the manufacturer and try and get them to pay for the ER treatment but actually pursuing a lawsuit won't be economically feasible due to the cost involved hiring experts, etc.

The fault here really isn't going to be against the doctor, it would be against the manufacturer.