by tamas94 » Thu Jun 05, 2014 6:58 pm
David: Your question was of interest to me because I was heavily involved with the Phen(Phentermine)-Fen(Fenfluramine) litigation representing dozens of clients. I am sure that my bottom line answer to you is correct but I am not sure that I can adequately explain it to you in this context. Here it goes: Let's assume all of your worst suspicions are correct. You were prescribed the drug for too long and not only did it cause you to gain the weight back but it caused chronic depression in you. Take that as a given. Would a lawyer ever take your case? No. Why? Because you could never sufficiently prove it. The problem is, you have had a veight problem for many years. That is your default setting so to speak. Very few people ever permanently overcome the problem. So, forget about blaming the drug or the doctor on that count. As to the depression, if you sued the doctor the doctor's high paid attorneys would scour your entire medical history and find lots of evidence that you had depression, fatigue, etc. in your past. Again, you have just returned to the default setting, they would argue. Don't blame the drug, don't blame the doctor. That might all be total BS but it will be effective. So any lawyer taking your case looks at having to find an expert, as a very early step, to review your entire life/medical history and be willing to say that you would have been skinny and happy except for this doctor who did something way out of line that no other doctor in their right mind would do. Finding such an "expert" would be very difficult and very expensive. Your lawyer is out about 5K of his pocket by now. Defense side brings in heavy weight(no pun intended) experts on their side saying the doctor did everything within the standard of care although they are sorry you have had such a difficult time. Your lawyer must then take depositions of those experts. Ad another 5K-10K. Your lawyer is out of pocket about 15-18K by now. Literally hundreds of hours must be invested by your lawyer and no way on Earth this kind of case would ever get a settlement offer. In their view(no offense intended here) this is just a case of a fat depressed guy blaming his doctor who tried to help and trying to make some fast money in the process. That is how you would perceived. Unfair? Sure. That's the way it would be. If you go to trial, your lawyer is then having to commmit double the money he already spent, to get your experts into court to testify, not to mention many other costs. The defense view would be argued to a jury. Chances are, enough will buy that BS to defeat your case. Your lawyer is out probably 35K from his pocket and no payment for all his effort. That is the likely scenario. So do you understand that no lawyer in his right mind would take such a risk? Depression is just too difficult to define, difficult to isolate in a person's life, too difficult to trace to a specific cause, etc. A med malpractice case only works when the medical care is just over the top negligent. Something way out of order that would shock any other doctor, and what your doctor did here just doesn't meet that standard. Afterall, when things were getting out of control and he didn't know what to do, he did the right thing by sending you to someone who could help. The jury would see him as a doctor who certainly wanted to see you succeed, he did what he thought was best, but it just didn't work out. They won't punish him for that, regardless of what the truth may be. There is no viable case here. I hope accept this opinion in the same light........that I do want to help you. P.S. More often than not I give an answer like this and the questioner rates me as not knowing what I am talking about. Believe me, I do. Good luck. P.S.S. I make a living suing doctors for malpractice.