HEARING: Court of Queen’s Bench of Alberta, Thursday, April 12, 2012 at 10:00 am
Home > Blog Mental Health > HEARING: Court of Queen’s Bench of Alberta, Thursday, April 12, 2012 at 10:00 amAPPLICATION FOR CERTIFICATION FOR CLASS PROCEEDING
Ms. Jodi Pifko /Buelow and Ms. Kim Bordignon, the daughters of Mrs. Carol Pifko, have
commenced legal action against the physicians, nurses, LPN’s, pharmacists, who
recommended, prescribed or administered Zyprexa for their mother.
Ms. Buelow & Ms. Bordignon are the Representative Plaintiffs for the estate of Carol Pifco,
deceased, in an application to have the action certified as a class action proceeding.
Defendants are Dr. John T. Morrisey, Dr. Douglas Faulder, Dr. Asad Brahim,
Dr. Leo. Malowany, Dr. Rith Chea; Alberta Health Services & the Capital Care Group.
The action is brought on behalf of elderly patients with dementia who have been
given Zyprexa (Olanzapine) or Seroquel (Quetiapine).
In April of 2009, Mrs. Pifko was a patient in the Norwood Long Term Care
facility. She was elderly (a few months shy of her 62nd birthday) and
had dementia. On April 24, 2009, she was prescribed Zyprexa without the
knowledge or consent of herself or her family. The Alberta Hospital physician their
who recommended Zyprexa never saw Mrs. Pifko and had not reviewed her
medical chart. A few days later, Mrs. Pifko died as a result of having
been given Zyprexa.
As a matter of fact, in error, Mrs. Pifco was administered double doses of Zyprexa,
as a result of the negligence of pharmacists and/or other servants, agents or employees
of the Defendants Capital Care or Alberta Health Services, acting within the course and
scope of their employment,
In 2005, Health Canada issued a Black Box warning that Seroquel & Zyprexa,both antipsychotic drugs,
are not approved for treating elderly patients withdementia.
The mortality rate for elderly patients with dementia was 60%higher when using these drugs as
compared to placebo.
The manufacturers, Eli Lilly have also issued “Serious Warnings and Precautions”
that these drugs are not indicated for treating elderly patients with dementia.
In addition to the very serious risks and dangers these drugs present, they
have no proven efficacy for treating dementia.
January 16, 2009, Eli Lilly pleaded guilty in court to pay $1.42 Billion dollars to settle
criminal and civil allegations.
Notwithstanding the Health Canada and manufacturer’s warnings, the use
of antipsychotic drugs in nursing homes has been increasing in both the Canada & the US.
This matter will be heard by the
Honourable J.D. Rooke, Associate Chief Justice.
Mr. Allan Garber of Parlee McLaws
is representing the Plaintiffs