Legal Question in Consumer Law in California

My wife consulted a plastic surgeon for wringles on her face and was advised to she should consider a mini left,upper and lower eye lift& upper eye lift and a face peel. She was also told she needed to guit smoking before the surgery. He then prescribed chantix to quit smoking. Asked if he thought it was safe he said yes. So we decided that there was time to contemplate about the surgeries while she was on the chantix. She was scheduled for a preop a couple of weeks later but decided she should cancel it until she had quit smoking. When she called to cancel she was told that she should reschedule for a later date.so she did. When the day of the peope came my wife seemed a bit adjatated and told the preope nurse she wasn�t sure about doing her eyes especially the lower lids. She said she wanted to talk to the doctor about it.the nurse said she thought it was needed but she would talk to the surgeon. He said he would talk to her and told her not to worry every thing would be fine.my wife asked if maybe she was doing to much and the answer was always not to worry evrything would be fine.the surgery was done with my wife still on the chantix. After three days and now off of the chanttix my wife told me she never would have done all these procedures if she wasn�t on chanttix. And now that she was of it and her mind was clear it never would have happened. Looking more into the drug one of the side effects was confusion.should the care giver have been aware of this and not allow anyone to make such a major decision while on this drug.


Asked on 8/30/10, 11:52 am

2 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

You would have to spend $10-15 thousand to hire an expert witness doctor or pharmacist to come ot trial to testify that Chantix is dangerous and causes people to make bad decisions and that your wife's doctor should have known better than to prescribe it. Since so many people take Chantix, I seriously doubt that yyou have any chance to recover in a case like this.

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Answered on 9/05/10, 9:41 am

I'm not sure where you get the idea the confusion is one of the side effects. There are potenitally serious psychological side effects to the drug, but confusion is not listed anywhere in the physicians prescribing information. The only mention of the word "confused" is in the patient literature in a long list of things that if friends and family noticed would be reason to stop the medication and call your doctor, and it is part of a warning about depression and suicide. Did you notice your wife being confused? Unable to think or reason? Unable to make informed decisions? If so, why did you let her keep taking the drug and why did you allow her to go in for surgery knowing she was impaired? Did anything go wrong with the surgery? Was anything not disclosed to her about the surgery? Or was, in fact, everything "fine?"

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Answered on 9/08/10, 2:59 pm


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