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Tina
Tina, Attorney
Category: Personal Injury Law
Satisfied Customers: 31734
Experience:  Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement
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Do I have a case against either my doctor(s) or the manufacturer

Customer Question

Do I have a case against either my doctor(s) or the manufacturer (Vyvanse/Shire) for being overprescribed a medication used for adhd at 100mg per day (the FDA has not approved anything over 70mg per day) when I am 100 lbs and I have a history of alcohol abuse (which is what I was seeing the Psychiatrist to begin with). The medication has a black box warning and it is not to be taken by people with addiction and/or alcohol problems. It can be deadly to the liver among other complications. I suffered from so many health issues for a year and no one connected the dots. Everyone said I was stressed out and anxiety ridden due to a divorce I was going through. I had three doctors add Klonopin, Ativan and Xanax to my 100mg Vyvanse. From head to toe...I lost my hair, my mind, hallucinations, voices, paranoia, rage, blurred vision, ringing ears, inability to swallow, sinus problems, scabs in my nose, phlegm in my throat, reflux, sweating, numbness in my fingers and toes, tightness in my chest, tremors, seizures(3), joint pain (knees), rashes, fungal infections under my nails, peeling fingers and feet, AND MOST IMPORTANTLY I LOST ALL OF MY HAIR AND I LOST MY CHILDREN because my ex-husband thought I was a crazy drunk and he took me to court and they saw me as an unfit mother. I was drinking up to 3 bottles of wine per day to "come down" from the amphetamine in the Vyvanse not realizing I was drinking this much and that Vyvanse was the cause. I immediately stopped the Vyvanse in March when I figured out it must be the culprit and three weeks later I got sober from alcohol too (without the Vyvanse I seemed "drunk" on the amount of wine I was consuming...which is logical without the speed to counterbalance it). My hair is growing and I am feeling better but I still have long term irreversible damage to my liver and kidneys. In addition the loss of my children (I have supervised visitation 2 days per week). I lost my child support and spousal maintenance and have no source of income so I am supposed to go get a job under these health conditions. PLEASE HELP. Heather Gordon (I am an upscale affluent 42 year old white female) it is insane that I lost my health and my kids and my general practitioner "released me" from her care when she suspected she screwed up (she was working with my Psychiatrist).
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am very sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Did your primary care physician ever indicate why she was prescribing this medication at such high doses and contrary to the black box warning?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

Thanks Tina, my primary internist did mention the black box warning and continuously said my liver results were bad (high) and kept doing blood work and telling me to limit alcohol to one drink a day.


 


The Psychiatrist who prescribed it (its a triplicate scrip so the internist doesn't prescribe) said that it is not FDA approved over 70mg so he would have to get "creative" for him to be able to give me 100mg per day. When he prescribed 1 per day 50mg and 1 per day 30mg my insurance company viewed it as 2 doses per day and wouldn't approve it. It is supposed to be used once per day so there isn't abuse. So he tried two 50mg's 1x per day (so it appeared as 100mg 1x) and it went through, so that is what I used from June 2012 through March 2013.

Expert:  Tina replied 1 year ago.
Hello again, Heather, and thank you very much for clarifying the situation for me.

There would normally not be grounds to pursue legal action against the manufacturer under these circumstances, but there certainly may be against the prescribing doctor since the prescription has that black box warning and is not approved at the levels you were prescribed. Knowing your liver was being damaged and continuing to prescribe the medication seems completely absurd unless the doctor reasonably believed that your liver was being damaged by something else.

It is smart to be requesting your medical records since that is what a medical professional will need to review in order to make a determination as to whether malpractice occurred in this case or not. That opinion is typically necessary before legal action may be initiated against the doctor.

I would contact a local medical malpractice law firm as they usually have connections with medical providers to perform such a review at no cost to you, the patient, and they should not charge you a fee unless they prevail on your behalf.

With the myriad of complaints you had while on the drug, along with your apparently high liver enzyme results and prescribing outside of the limits permitted by the FDA, it certainly does sound as though you have grounds to pursue a lawsuit against the doctor, but you need that opinion by a medical professional first in order to take action for damages you have sustained as a result of the doctor's conduct.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.

Thanks again. Do you think it is important to get records from my Psychologist who referred me to the Psychiatrist to prescribe the meds - they're in bed together - and one made sure I saw the other regularly so the cash was flowing on both ends. Hers would be "notes from her couch" more than medical records.


 


Then there are the doctors, ER's, hospitals, etc. who treated me for the various side effects.


 


Or is the suit really towards the Vyvanse prescribing doctor (Psychiatrist) alone or both the Psychiatrist (prescriber) and Internist (live enzyme concerns)?

Expert:  Tina replied 1 year ago.
You are very welcome.

Yes, I would get the records from the referring psychologist as well since those could help piece together the whole picture for the medical provider reviewing your records. They will typically have the last word as to whether the Internist was negligent or not, but it certainly sounds as though there is a basis to allege that against the Psychiatrist given the information you have provided here.
Tina, Attorney
Satisfied Customers: 31734
Experience: Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement
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