Unexpected productivity losses disrupting daily routine has been linked to depression, along with suicide and broken marriages. At the center of the blame, antidepressant Paxil is believed to cause birth defects, autism and suicidal thoughts. Litigation had a monotonous color until Paxil lawsuits, but Feliz Vega Jr. painted it red.
He committed various crimes of bank robberies and when he was prosecuted for it, he blamed Paxil for it. Suntrust Bank and Bank of America finds this defense unmeritorious and the prosecutors assigned to the case obviously concur.
“Mens Rea” is the criminal intent required to be established in criminal cases toward convicting an accused person beyond reasonable doubt. Criminal intent is an essential ingredient for crimes to ripen for prosecution and its absence could create a good defense for the accused. This is the main reason why minors and insane persons are exempted from criminal accountability because they do not act upon mental deliberation. Can Paxil really take Vega out of confinement or will this unusual and risky defense fail him?
Paroxetine, which is the generic name for Paxil, is a category of selective serotonin reuptake inhibitors or SSRIs. GlaxoSmithKline, the drug’s manufacturer, released Paxil in the market in 1992. Paxil was named as a top-selling drug in 2008 and earned millions of prescriptions in the United States coupled with multiple endorsements from healthcare providers.
At the close of the decade, complaints against Paxil have surfaced because of its side effects.Paxil consumers began demanding compensatory damages for the injuries sustained by them due to Paxil use. Studies reflect the strong link of Paxil use to absurd emotional changes and drastic behavioral change. While ongoing studies are being conducted about Paxil’s connection to these side effects, uncertainty to its accuracy remains because the effects vary from patient to patient.
This Vega case and its peculiarity join together the medical and legal world in one pot. The prosecutors may allege that as in the circumstance of intoxication, Paxil use could not dilute criminal accountability because the accused is well aware of his actions. They can say that the mens rea have not been broken by the mere fact that the accused actively partook of the criminal deliberation and implementation even when reinforced by Paxil use.
On the other hand, the medical experts may testify that the depth of the Paxil side effect is still unexplored and may stand on the allegation that Vega may have an isolated case of severe emotional distort that could make him act on his impulse beyond his control.
Precedence may be established by this case for future references of cases with similar facts. If the judge will acquit Vega because of his Paxil defense, there is a one thing that is certain. A Paxil lawsuit is underway pioneered by the banks that Vega robbed.
A clash of corporate titans should now be expected. Even if conviction be had against Vega, the judge has just positioned Vega for a possible suit against GSK for the consequence of taking Paxil. GSK will always find itself in the losing end in these Paxil lawsuits.
REFERENCES:
- chronicle.augusta.com/news/crime-courts/2012-01-23/bank-robber-suspect-blames-medication?v=1327316926
- www.istockanalyst.com/article/viewiStockNews/articleid/4362196
- www.wrdw.com/home/headlines/99656384.html
- www.britannica.com/EBchecked/topic/375243/mens-rea
