From the National Post on Wednesday, February 17, 2010:
Lawsuit claims drugs turned patients into gambling addicts
An Ontario judge has approved to a class-action lawsuit by Parkinson's patients who say a commonly used drug turned them into "relentless" gambling addicts, causing some to lose hundreds of thousands of dollars.
The decision to certify the unusual class action is the first such ruling in Canada among several cases that have been launched over "dopamine-agonist" drugs, designed to counter stiffness, shaking and other symptoms of the nervous-system disease.
A growing number of studies have linked the medicine to excessive gambling, sex addiction and other compulsive behaviour in a minority of Parkinson's sufferers.
The certification judgment by Justice George Strathy of the Ontario Superior Court deals with Permax, which was taken off the market in 2007 because of other, heart-related side effects. About three dozen Parkinson's patients have already signed up with the class-action, said Darcy Merkur, one of the lawyers handling the lawsuit.
Some had losses well into the six figures, and went as far as taking money from employers to feed their out-of control habits, he said.
"The amounts varied, but there is a consistent claim of devastating financial losses: generally all their savings [gone], or as much as they could get their hands on."
Justice Strathy also authorized an agreement among the parties to enter what is called a "pilot project," where the plaintiffs and defendants will work through the issues and possibly come up with an out-of-court settlement.
The lawsuit claims more than $3-million in damages for each of the plaintiffs; ads are to be placed in newspapers Saturday calling for others to come forward, Mr. Merkur said.
The plaintiffs allege that the manufacturers of Permax aggressively marketed the drug but failed to warn patients of the potential side effects.
Laurel Swartz, a spokeswoman for Eli Lilly, the drug's developer, said the claims against it are "without merit" and notes that all drugs have side effects for some patients.
Information about adverse effects was properly communicated by the firm to regulators and doctors, she said. Lilly will work on a possible settlement but, if that is not possible, will "vigorously defend" the lawsuit in court, said Ms. Swartz.
Patients with the degenerative illness suffer from tremors, stiffness, impaired balance and muscle rigidity, generally brought on by a shortage of the neurotransmitter dopamine in their brains.
Permax and other dopamine agonists essentially mimic the chemical's effect to lessen such symptoms. But dopamine also influences the pleasure and reward areas of the brain.
Research indicates that Parkinson's patients who take the medicine are more likely than others with the disease or the general public to develop "impulse-control disorders" like problem gambling, said Dr. Michel Panisset, a neurologist at Montreal's Notre-Dame Hospital.
One study published in 2008 by Calgary physicians found that one in 10 Parkinson's patients at a local clinic had gambling addictions of some sort, about five times the rate in the general population.
"We've had a significant number of patients with these problems over the years," said Dr. Panisset. "It's the experience of every neurologist who treats these patients. People lose lots of money and get into personal, familial problems."
Swapan Banerjee, the lead plaintiff in the Permax case, was not available for comment. According to the statement of claim filed by his lawyers, though, the Mississauga, Ont., man was diagnosed with Parkinson's in 1997 and prescribed Permax in 2000.
Soon after, the computer technician began gambling voraciously, eventually burning through over $200,000, twice re-mortgaging his condominium and causing a serious rift with his wife and children.
"He gambled indiscriminately and relentlessly," said the statement. "He visited casinos and played the slot machines compulsively. He made impulsive and uncontrolled stock market transactions. He spent large sums of money on lottery tickets."
When Mr. Banerjee finally stopped taking the drug in 2003, his gambling problem ended, too, the lawsuit says.
Dr. Panisset said neurologists now warn patients and their spouses of the risk of gambling problems. If signs of such problems crop up, they are moved on to another drug, Levodopa, which has similar benefits. Physicians try to avoid using Levodopa in the early stages of the disease because of its side effects, said Dr. Panisset.
Meanwhile, other class actions are in the works over two dopamine-agonist drugs still on the market, Mirapex and ReQuip.
By Tom Blackwell
