Most of the cases are a long shot, legal experts agree. Civil plaintiffs and criminal defendants alike have to prove that Prozac caused the violent behavior - a hard sell when the patients had histories of illness. In other cases against big pharmaceutical companies over such products as the Dalkon Shield and thalidomide, the damage was physical - more obvious than a psychological shift.
Civil plaintiffs have other hurdles to jump. Those suing doctors for malpractice must show the physicians didn’t follow Lilly’s prescription guidelines. Those suing Lilly must prove the company was reckless or negligent to let the drug out on the market, a difficult argument that will focus on the reliability of the drug’s prerelease testing. Leonard Finz, the lead lawyer in many Prozac suits, says that Lilly’s tests were inadequate and excluded patients with suicidal tendencies - the very users who appear most affected by the drug.
Lilly says it is so confident of its testing that it will not settle any civil cases. Its tests of the drug go back to 1976, and Lilly can prove that it included suicidal patients. Says Eugene L. Step, executive vice president at Lilly: “The message is really simple: depressed people commit suicide.” And Lilly spokesman Edward West says the “Prozac defense” hasn’t produced a single “not guilty” verdict. Yet three criminal defendants received reduced penalties with the Prozac defense, claims the Citizens Commission on Human Rights, an interest group linked to the Church of Scientology. The group often speaks out against psychiatry, and collects horror stories about psychiatric drugs.
Though Lilly’s position seems strong, juries have a way of evening the odds. In the battle of expert witnesses and technical testimony, issues can become clouded. And juries often show sympathy for the little guy - especially against a big corporation with deep pockets. “You take these cases before a jury and who the hell knows what might happen,” says Robert Litan of the Brookings Institution, a legal liability expert. “It’s a lottery.” And while the Prozac defense is creative, it’s not unique. Criminal conduct is being blamed on everything from drugs to junk food. Prozac parties are watching one case especially closely: in 1989 a Utah judge freed Ilo Grundberg, who killed her mother while under the influence of the insomnia drug Halcion. Now Grundberg is pursuing a $21 million civil suit against Halcion’s maker, Upjohn. Upjohn denies that its drug is responsible - but if the company loses in court, the case could make the going tougher for Lilly.
