March 14th, 2006

"Parents Sue Online Pharmacy for Wrongful Death"

In one of the first lawsuits of its kind, parents David and Sheila McKay are suing an online pharmacy and physician for negligence and wrongful death after their 19-year-old son killed himself as a result of what they believed to be antidepressant drugs he got off the Internet.

Stanford freshman, John McKay turned to the website USAnetRX.com for help in healing his psychological battles. With a credit card, McKay purchased 90 capsules of fluoxetine, the generic name for Prozac. An online Colorado doctor Christian Hageseth III signed off on McKay''s request for the antidepressant drug without a consultation, and a Mississippi pharmacy filled the prescription, which was mailed to McKay''s home in California.

Several weeks later, McKay unexpectedly committed suicide.

“I think John would still be alive if he hadn''t been able to get these pills. He didn''t realize the risks. They didn''t inform him of the risks. I''d like to see these people held responsible,” his father, David McKay said.

Recent reports of Prozac and other similar antidepressants have been linked to suicidal thoughts and behavior in children and adults using the medications. The Food and Drug Administration is currently reviewing these risks, but has previously requested the drugs carry a “black box” warning label to alert consumers of the dangerous side effects. In addition, the FDA urges physicians to closely monitor young patients using these drugs, especially when they start treatment.

The lawsuit filed by McKay''s parents last month in federal court in San Francisco brings to light the issues of poorly regulated Internet pharmacy sites. “Anyone that has a credit card and a computer can get controlled prescription drugs over the Internet,” said Richard D. Mulieri, a spokesman for the National Center on Addiction and Substance Abuse at Columbia University. “It''s much too easy.”

Instead of a physical examination of the patient prior to writing a prescription, which is in accordance with California law, the online pharmacy McKay used, USAnetRX.com, only ask that patients fill out an online questionnaire. A physician will then review the application before the drug is sent out.

McKay requested the drug for the treatment of moderate depression and adult attention deficit disorder (ADD). He noted on his application that he had taken the drug before and was not suicidal. The doctor, Hageseth, who wrote McKay''s prescription had a restricted medical license because of an inappropriate relationship with a patient and was not allowed to prescribe any medication when he signed off McKay''s request.

Hageseth has since given up his license, but does not feel responsible for Mckay''s death. “When somebody commits suicide usually there are many factors,” he said.

But McKay''s parent said their son''s suicide was “completely unexpected.” “There were no signs of depression,” David McKay said.