STORY FROM: Drugs & Medical Devices

Plaintiff May Not Add Malpractice Claims Against Therapist in Ambien Suicide Action, 9th Cir. Affirms

SAN FRANCISCO — A Nevada federal court properly denied a plaintiff’s motion to add a malpractice claim against a therapist who prescribed Ambien to a man who later committed suicide because the allegations sound in failure to warn rather than malpractice an appellate court has held.

In a Feb. 24 opinion, the appellate court further affirmed that the therapist was fraudulently joined to the action because under Nevada law, therapists have no duty to warn patients of a drug’s side effects.

On March 8, 2010, Andrew Kwasniewski, took Ambien for sleeplessness. That same night, he committed suicide.

Kwasnieski’s wife Jennifer ...

Associated Law Firms
Eckley Keach
Fred W. Kennedy
Lewis Brisbois Bisgaard & Smith
Morris Law Group
Shook Hardy & Bacon

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