Tobin v. SmithKline Beecham Pharmaceuticals - following facts were stipulated by both parties

Tobin v. SmithKline Beecham Pharmaceuticals


(SKB)1 is the first paroxetine, wrongful death/suicide
case to go to a jury trial in the United States. The
following facts were stipulated by both parties.
On February 13, 1998, Donald Schell, a 60-yearold
man living in Gillette, Wyoming, shot and killed
his 55-year-old wife, 31-year-old daughter, 9-monthold
granddaughter, and then himself. When discovered
the following day, the victims had multiple
large- and small-caliber gunshot wounds to their
heads and shoulders. Mr. Schell had a large wound to
his head and a .357 revolver near his hand. The coroner
estimated that the deaths had occurred in the
early morning. Mr. Schell had been married since
1961. He had a history of depression and had been
treated at times with psychotherapy, fluoxetine, trazodone,
lorazepam, and imipramine. After becoming
depressed again, he saw his physician on February
10, 1998, to obtain sleeping pills. He received a diagnosis
of depression and was prescribed zolpidem
for sleep and paroxetine (Paxil) for the depression.
Two paroxetine and two zolpidem pills were not accounted
for at the time of his death, and toxicology
reports indicated 13 ng/mL of paroxetine and 11
ng/mL of zolpidem in his blood.

Collateral information2 indicates Mr. Schell had
experienced five prior episodes of depression that
were serious enough to keep him out of work. He had
a history of not following treatment recommendations
given by multiple psychiatrists, problems at
work involving a threatened lawsuit, and other
stressors.