NO. 
VANCOUVER REGISTRY 
  
  
IN THE SUPREME COURT OF BRITISH COLUMBIA 
  
  
BETWEEN: 
  
TINA KATHERINE BEER 
  
PLAINTIFF 
  
AND: 
  
GLAXOSMITHKLINE INC. 
  
PLAINTIFF 
  
Brought under the Class Proceedings Act 
  
  
STATEMENT OF CLAIM 
  
THE PARTIES 
  
1. The Plaintiff, TINA KATHERINE BEER, is a Businesswoman, whose address is 4922 
Martin Court, in the Municipality of West Vancouver, in the Province of British 
Columbia. 
  
2. The Defendant, GLAXOSMITHKLINE INC., (hereinafter referred to as GSK) 
is an Extra-Provincial company duly registered in the Province of British Columbia 
under number A0056297 and has its head office in British Columbia at c/o Blake 
Cassels & Graydon LLP, 2600 Three Bentall Centre, P.O. Box 49314, 595 Burrard 
Street, Vancouver, British Columbia.   
THE FACTS 
3. GLAXOSMITHKLINE is a multi-national corporation created in December of 2000 
as a result of the merger of Glaxo Wellcome and Smithkline Beecham. GSK and its 
parent organization research, design, manufacture and market pharmaceutical products. 
  
4. One of the drugs manufactured by GSK is called Paxil (genetically known as 
paroxetine). 
  
5. Paxil is in a class of drugs called selective serotonin reuptake inhibitors 
or SSRIs and is widely prescribed by physicians to treat depression, 
anxiety disorder, obsessive compulsive disorder, post-traumatic stress and generalized 
anxiety disorders.   
6. The Plaintiff was originally prescribed Paxil in the month of April 2000 by 
her family physician. In the month of August 2000, the Plaintiff attempted to 
discontinue use of Paxil with her doctors approval. Upon initial termination 
of the Paxil she experienced severe flu like symptoms including stomach pain, 
severe headaches, body aches, chills, fever and bloated stomach. In addition to 
which she experienced severe dizzy spells, was photo sensitive and experienced 
vertigo.   
7. Neither she, nor her doctor realized that she was suffering from Paxil withdrawal 
and was inappropriately treated for a non-existent kidney infection with antibiotics. 
She was then wrongly diagnosed to have either an appendix or gallbladder problem. 
Eventually she was advised to go back on the Paxil, which she did and she immediately 
experienced the cessation of the above-described symptoms. In the month of February 
2001 the Plaintiff again stopped taking Paxil and immediately experienced the 
return of the above-described symptoms and was forced to go back on the Paxil. 
  
8. In the month of July 2001 the Plaintiff tapered off her use of Paxil in an 
attempt to wean herself of the drug over a two month period. The Plaintiff experienced 
hysteria, suicidal thoughts, shaking, electric zaps throughout her body, insomnia, 
nausea, headaches, high fever, chills, diarrhea, memory loss and lack of concentration. 
  
  
NATURE OF THE CASE 
9. This is a class action on behalf of all individuals in the Province of British 
Columbia who were prescribed and took the drug Paxil which at all material times 
hereto has been and continues to be manufactured, marketed and distributed by 
GSK, and who experienced dependency/withdrawal reactions. 
  
10. Thousands of Paxil users suffered dependency/withdrawal reactions. The pain 
and suffering experienced by each of these individuals is a direct result of the 
Defendants failure to warn users of Paxils addictive nature, the drugs 
inducement of physical and psychological dependency, and its infliction of dependency/withdrawal 
reactions when the patients Paxil dosage is reduced or terminated. Paxil 
has caused some people who take it to experience serious and unexpected withdrawal 
reactions. These reactions are unexpected to the victims and even 
their physicians because the manufacturer has deliberately failed to properly 
warn of this. Both physician and patient unwittingly use Paxil without knowing 
the drugs addictive traits. The Plaintiff and members of the Plaintiff Class 
were never informed before starting Paxil that it was addictive, that it induced 
dependency, or that it caused withdrawal reaction when dosage was reduced or terminated. 
  
11. Paxil creates both physical and psychological dependency and, because GSK 
has suppressed the information about the severe withdrawal reaction caused by 
its drug, many patients and their physicians are fooled into thinking that the 
withdrawal reactions the patients are experiencing are caused by another condition 
(such as kidney infection), thus promoting further incorrect and unnecessary medical 
treatment, including increased dosages of Paxil. Some of the Class Members remain 
on Paxil today because they have become dependent and feel they cannot get off 
the drug. GSK has known for years the distinct characteristics of Paxil which 
make it prone to cause dependency/withdrawal reactions after its use is discontinued. 
  
CLASS ACTION ALLEGATIONS 
12. The Plaintiff brings this action on behalf of herself and all others similarly 
affected, as members of the proposed Class, defined as follows: 
  
All British Columbia residents who have suffered, are suffering, or will 
suffer from dependency/withdrawal reactions following reduction or termination 
of their Paxil dosage.   
  
13. The members of the proposed Class number in at least thousands. As a result, 
the Class is so numerous that joinder in a single action is impracticable. However, 
each Class member should be readily identifiable from information and records 
available to GSK. 
  
14. Individual members of the proposed Class do not have a significant interest 
in individually controlling the prosecution of separate actions, and individualized 
litigation would also present the potential for varying, inconsistent, or contrary 
judgements and would magnify the delay and expense to all parties to the court 
system resulting from multiple trials of the same factual issues. The cost to 
pursue individual action would effectively deny individuals access to the court. 
  
15. There is a well defined list of common questions of law and fact. These common 
legal and factual questions do not vary from one Class member to another, and 
may be determined without reference to the individual circumstances of Class members. 
These include, but are not limited to, the following: 
  
1. Whether GSK properly and adequately warned the 
Plaintiff and proposed Class members that Paxil can cause dependency/withdrawal 
reactions. 
  
2. Whether GSK properly and adequately warned physicians in British Columbia that 
Paxil can cause dependency/withdrawal reactions. 
  
3. Whether GSK over-promoted its drug Paxil to such an extent that any warnings 
it may have given regarding dependency/withdrawal reactions were nullified. 
  
4. Whether GSK wrongly asserted in its advertising material that Paxil was non-addictive 
and not habit forming. 
  
5. Whether the drug Paxil is addictive and does cause dependency/withdrawal reactions. 
  
16. The claim of the Plaintiff is typical of the Class. The Plaintiff and the 
proposed Class members were uninformed of the hazards in reducing or terminating 
their Paxil dosage. The Plaintiff says, and the fact is, that she and the members 
of the proposed Class experienced one or more of the following dependency/withdrawal 
reactions upon cessation or reduction of their Paxil dosage: 
  
(a) Jolting electric zaps. (b) Dizziness. 
(c) Lightheadedness. 
(d) Vertigo, 
(e) Incoordination. 
(f) Gait disturbances. 
(g) Sweating. 
(h) Extreme nausea. 
(i) Vomiting. 
(j) High fever. 
(k) Chills. 
(l) Anorexia. 
(m) Diarrhea. 
(n) Agitation. 
(o) Tremulousness. 
(p) Irritability. 
(q) Aggressions. 
(r) Insomnia. 
(s) Nightmares. 
(t) Tremor. 
(u) Confusion. 
(v) Memory and concentration difficulties. 
(w) Lethargy. 
(x) Malaise. 
(y) Weakness. 
(z) Fatigue. 
(aa) Paraesthesias. 
(bb) Ataxia, and/or myalgia. 
  
17. Each patient victim and potential Class member on the cessation of Paxil became 
very ill without realizing the cause of their distress. Severe physical and psychological 
anguish developed and persisted. Typically, the patient went to see his/her physician, 
who, ignorant of Paxils withdrawal inducing traits, started down an erroneous 
path to diagnose the problem. This included suggesting unnecessary tests and diagnoses, 
including relapse, which in the physicians mind warranted an 
increase of Paxil dosage  thus compounding the problem. The physician, in 
many instances, was the last person to acknowledge that Paxil withdrawal was in 
fact the culprit behind the patients suffering. As a result, the patients 
pain and suffering and resulting disabilities were prolonged, often lasting weeks, 
even months. Some patients, after a lengthy regime of gradually tapering down 
their Paxil dosage, were successful in completely weaning themselves off the drug. 
Some patients remain on Paxil today because they are hooked on the 
drug and feel they cannot get off of it. The only difference among Class members 
is the amount of damage sustained, which can be readily determined, and does not 
bar class certification.   
18. The Plaintiff will fully and adequately protect the interests of the proposed 
Class, and have retained class counsel who are experienced and qualified in prosecuting 
class action complex litigation. Neither the Plaintiff nor her solicitors have 
interests which are contrary to, or conflicting with those of the proposed Class. 
  
19. GSK knowingly and deliberately promoted the use of Paxil as a non-addictive 
drug to physicians and the general public when it knew, or ought to have known, 
that patients would become addicted to the use of Paxil and that the cessation 
of Paxil use would cause the patient to experience severe dependency/withdrawal 
reactions as described above. 
  
20. In reliance on the misrepresentation of GSK the Plaintiff and Class Members 
were induced to purchase and use Paxil. If the Plaintiff and Class Members had 
known the true facts and the facts concealed by GSK, the Plaintiff and Class Members 
would not have used Paxil. The reliance of the Plaintiff and Class Members upon 
GSKs misrepresentations was justified because such misrepresentations were 
made and conducted by GSK who was in a position in which it knew or ought to have 
known the true facts.   
21. The Plaintiff and Class Members say that GSKs misrepresentations as 
to the addictive nature of Paxil are unlawful and deceptive trade practices. Specifically, 
the Plaintiff and the Class Members say that GSK is in violation of Section 52 
(1) of the Competition Act and that thereby the Plaintiff and the Class Members 
are entitled to damages.   
22. GSKs failure to provide physicians and the public with sufficient and 
adequate notice of the addictive nature of Paxil was negligent.   
23. GSK actively deceived the Plaintiff and potential Class members by representations 
in written labeling, oral communications and television advertising suggesting 
that Paxil is not addictive, that it does not cause physical or psychological 
dependency, and that it would not cause dependency/withdrawal reactions if dosage 
was reduced or terminated. 
  
24. GSK used false and misleading techniques to hide the linkage between dependency/withdrawal 
reactions on one hand, and Paxil on the other. After censoring the word withdrawal 
from company files and instructing its agents similarly, GSK began to dilute the 
medical vocabulary by using misleading medical terms to substitute for withdrawal 
such as discontinuation syndrome.   
25. GSK over promoted Paxil in order to increase its sales at the expense of revealing 
the truth about the addictive/dependency nature of Paxil. 
  
26. GSK deliberately and falsely conveyed to all healthcare providers in British 
Columbia that Paxil side effects were only mild when in fact GSK knew 
many of the drugs withdrawal side effects were severe.   
27. As a result of GSKs acts and omissions it has deceived the medical community, 
including the Plaintiffs physicians, into believing Paxil does not have 
addictive qualities and does not cause dependency/withdrawal reactions which GSK 
knows it in fact does.   
28. The said representations were made by GSK when it knew those representations 
to be false, or in the alternative, willfully and wantonly and recklessly disregarded 
whether the representations were true. These representations were made by GSK 
with the intention of deceiving the public in general and the medical community 
and to induce the medical community to recommend and prescribe Paxil and to induce 
the public to take it. 
  
29. GSK impliedly warranted that Paxil was of merchantable quality and safe and 
fit for its intended and foreseeable uses. GSK breached this implied warranty 
because Paxil was not, and is not, of merchantable quality or safe for its intended 
use. 
  
30. The Plaintiff and Class Members plead and rely upon the Sale of Goods Act 
R.S.B.C. 1996, s. 18. 
  
31. At the time the aforesaid representations were made by GSK and at the time 
the Plaintiff ingested Paxil, both the Plaintiff and her prescribing physician 
were unaware of the falsity of the said representations and reasonably relied 
upon the GSKs assertions, promulgated through its aggressive sales force 
to the medical community that the drug was safe. In reliance upon the said representations 
the Plaintiffs physician did prescribe Paxil and the Plaintiff was induced 
to, and did take Paxil. Had the Plaintiff known of the actual dangers of Paxil 
through her physician or otherwise, she would not have ingested Paxil.   
32. GSKs motive of deliberately failing to advise physicians and the public 
of the adverse effects that can lead to withdrawal problems was for financial 
gain and its fear that, if properly labeled, Paxil would lose its share of the 
SSRI market through the efforts of competing manufacturers who would adversely 
compare GSKs drug to their own. GSKs goal, at the expense of those 
who took its drug Paxil, was for Paxil to become the dominant SSRI on the market. 
  
33. As a result of the conduct described above GSK has been unjustly enriched 
by receipt of millions of dollars from the sale and prescription of Paxil, sold 
in large part as a result of the acts and omissions described above. 
  
34. At all material times the conduct of GSK as set forth above, was malicious, 
deliberate and oppressive towards the Plaintiff and the public generally, and 
the said GSK, conducted itself in a willful, wanton and reckless manner as set 
forth above. Despite its specific knowledge as set forth above, GSK deliberately 
recommended, manufactured, produced, marketed, sold, distributed, merchandized, 
packaged, promoted and advertised the dangerous and defective drug Paxil. As a 
result of GSKs deceitful conduct and representations and due to Paxils 
addictive quality, inducement of physical and psychological dependency, and inducement 
of dependency/withdrawal reactions, the Plaintiff and Class members unexpectedly 
suffered prolonged physical and mental harm.  As a further consequence of 
taking the drug Paxil the Plaintiff and the Class Members have and will continue 
to incur medical expenses, care expenses, losses of capital assets, loss of income, 
loss of ability to perform housework, loss of opportunity, pain and suffering 
and inability to enjoy their lives.   
  
WHEREFORE THE PLAINTIFF AND THE MEMBERS OF THE PROPOSED CLASS CLAIM AGAINST THE 
DEFENDANT: 
  
(a) General damages; 
(b) Punitive damages; 
(c) Exemplary damages; 
  
  
(d) Special damages; 
(e) Court Order Interest pursuant to the Court Order Interest Act; 
(f) Costs; 
(g) Such further other relief as to this Honourable Court may seem meet; 
  
PLACE OF TRIAL: VANCOUVER, BRITISH COLUMBIA. 
DATED at the City of North Vancouver, Province of British Columbia, this day of 
April, 2002. 
  
Solicitor for the Plaintiff 
  
  
  
THIS STATEMENT OF CLAIM is filed by KENNETH J. BAXTER ESQ., Poyner Baxter, Barristers 
& Solicitors, whose address for delivery is Lonsdale Quay Plaza, #408 145 
Chadwick Court, North Vancouver, B.C. V7M 3K1 (Telephone: 604-988-6321 Fax: 604-988-3632)