Man sues drug company, casinos after losing $14 million. He have any chance?

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  • JoshW
    SBR MVP
    • 08-10-05
    • 3431

    #1
    Man sues drug company, casinos after losing $14 million. He have any chance?
    In federal suit, Austin retiree claims Parkinson's drug caused his compulsive gambling.
    By Claire Osborn
    AMERICAN-STATESMAN STAFF
    Wednesday, February 22, 2006

    When the retired doctor from Austin suddenly began spending big money in Las Vegas, the casinos assigned him a "host" and gave him first-class airfare, hotel suites, meals and shopping trips for his wife, according to a lawsuit filed in federal court in Austin.

    The casinos even gave him an Alaskan cruise, the lawsuit says.

    The retired doctor, Max Wells, kept coming back, the lawsuit says — and kept losing money. By the fall of 2005, Wells had lost $7 million, the lawsuit says. By January, another $7 million.

    Now Wells is suing the casinos and a major drug company, claiming that the prescription drugs he was taking for Parkinson's disease set off a compulsive gambling spree.

    Wells, 55, wants his money back. He declined to comment Tuesday.

    His lawsuit, filed Friday, says the drug company didn't warn patients that Requip could cause compulsive behavior. And it cites a 2005 Mayo Clinic study that documented 11 Parkinson's patients who developed compulsive gambling habits while taking Requip or a similar drug called Mirapex.

    The gambling ceased for eight of the 11 when they stopped taking the drugs; test results were not available for the other three patients, the study said.

    GlaxoSmithKline, which is referred to as SmithKline Beecham in the lawsuit — the companies merged in 2000 — said Tuesday that it had not yet been served with the lawsuit.

    "We will certainly investigate the allegations when we receive the complaint," said Mary Anne Rhyne, a company spokeswoman. "We believe the drug is appropriately labeled."

    The lawsuit claims the casinos knew that Wells had Parkinson's, a degenerative disorder that damages nerve cells and causes shaking, slowness and difficulty with balance.

    Wells told the casinos he had Parkinson's and "was taking the medication while he was gambling," said his lawyer, Tom Thomas with Winstead Sechrest & Minick in Dallas.

    The lawsuit says the casinos should have been aware of the Mayo study, which Thomas said was heavily publicized in Las Vegas last summer.

    None of the seven casinos named in the lawsuit returned calls Tuesday. They are Mandalay, Treasure Island, Bellagio, Wynn Las Vegas, Las Vegas Sands, Harrah's Las Vegas and Hard Rock Hotel.

    Wells, a retired pathologist, was diagnosed with Parkinson's in 2000, according to the lawsuit.

    After taking Mirapex for several months in 2004, Wells "developed an irresistible compulsion to gamble," the lawsuit said, and lost several thousand dollars gambling in Las Vegas and on the Internet.

    Thomas said Wells had previously been an occasional gambler.

    After he told his doctor that he thought Mirapex was causing him to gamble, the doctor switched him to Requip and increased the dosage, the lawsuit said.

    As Wells was losing $14 million — which included about $1.2 million in IOUs called markers that Wells hasn't paid — his wife was unaware of his losses because she wasn't gambling with him, Thomas said.

    The last week of January, Wells' wife began to question him, and he confessed to the losses, the lawsuit said.

    When his doctor took him off Requip, his gambling compulsion stopped, Thomas said.

    Despite the losses Wells claims, he's not bankrupt, Thomas said.

    "I would say he hasn't lost the farm, but he's lost the ranch," he said.
  • Tchocky
    SBR MVP
    • 02-14-06
    • 2371

    #2
    I think the TV show "Las Vegas" had an episode about a compulsive gambler who was on Mirapex and/or Requip. I think the casinos will settle.
    Comment
    • bigboydan
      SBR Aristocracy
      • 08-10-05
      • 55420

      #3
      ex-eagle owner Leonard Tose tried to sued a casino for something similar to this and lost.

      Tose tried to sue the casino claiming that the alcohal they served him casued him to lose all his money.
      Comment
      • Illusion
        Restricted User
        • 08-09-05
        • 25166

        #4
        Gamblers who lose will try any excuse. There's no way he wins this lawsuit.
        Comment
        • isetcap
          SBR MVP
          • 12-16-05
          • 4006

          #5
          Originally posted by Illusion
          Gamblers who lose will try any excuse. There's no way he wins this lawsuit.
          Typically, I would agree. There is mounting evidence about the nature of this drug, though. As with Tchoc, I also suspect there will be a settlement of some kind, and then a change in the labeling of the product along with a waiver for future administration.

          People wonder why pharmaceutical drugs are so expensive and this is a perfect example of why. As a drugmaker, you never know when a lawsuit of some kind is going to challenge revenue.
          Comment
          • Dark Horse
            SBR Posting Legend
            • 12-14-05
            • 13764

            #6
            The guy never learned about money management. Blaming the world is for losers. The pharmaceutical industry is among the most corrupt, but this isn't the way to get to them.
            Comment
            • pags11
              SBR Posting Legend
              • 08-18-05
              • 12264

              #7
              what a crock...this guy definitely shouldn't win the lawsuit...
              Comment
              • JoshW
                SBR MVP
                • 08-10-05
                • 3431

                #8
                I figure he had no case. If he did have a case, wouldn't anyone who was ever served alcohal in a casino to the point of being drunk have a case? Casino's at least no they are getting us drunk to **** us over. Forget tobacco, eventually maybe trial lawyers go after casinos?
                Comment
                • isetcap
                  SBR MVP
                  • 12-16-05
                  • 4006

                  #9
                  Originally posted by lakerfan
                  I figure he had no case. If he did have a case, wouldn't anyone who was ever served alcohal in a casino to the point of being drunk have a case? Casino's at least no they are getting us drunk to **** us over. Forget tobacco, eventually maybe trial lawyers go after casinos?
                  Absolutely not because alcohol is a recreational drug and except for BBD, it is not used for medicinal purposes or prescribed by medical professionals.

                  The drug named in this suit has recently been shown to cause significant compulsory behavior as it alters the chemical balance of the brain. If Glaxo is unable to convince a judge that they properly educated doctors through documentation or that their product is effectively labelled, then you can be sure they will settle on this out of court. These types of cases are typical for pharmaceutical companies after independant studies on their products are released. Again, this is why drugs of this nature are so costly as pharms are essentially "insuring" their products against negative outcomes.
                  Comment
                  • bigboydan
                    SBR Aristocracy
                    • 08-10-05
                    • 55420

                    #10
                    Originally posted by lakerfan
                    Forget tobacco, eventually maybe trial lawyers go after casinos?

                    with all those mal-practice caps being implamented, and class action suits being basicly harder than hell to win in the US. i wouldn't doubt it if that might be the lawyers new endeavor.
                    Comment
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