Motus
Motus v. Pfizer, Inc.
Opinion
Opinion
Matz, J.
ORDER DENYING PFIZER’S MOTION FOR PARTIAL SUMMARY JUDGMENT
INTRODUCTION
Victor Motus suffered from depression. To help deal with that illness, sometime in November 1998 he began taking the drug “Zoloft,” which is manufactured by defendant Pfizer Inc. (“Pfizer”). Zoloft was prescribed and supplied to Victor Motus by his internist, to whom Pfizer had provided a supply of Zoloft as a sample. For the approximately one week that he took Zoloft, Victor Motus experienced agitation, confusion and suicidal thinking. On November 12, 1998, he took his life by shooting himself.
Plaintiff Flora Motus (“Motus”) was married to Victor Motus. She has brought this lawsuit, removed here from state court, seeking recovery on three claims: (1) “wrongful death/negligence”; (2) strict liability; and (3) “survival action” for the pain, suffering and losses that Victor Mo-tus sustained while using Zoloft. Her complaint alleges, among other things, that Pfizer “negligently ... fail[ed] to adequately warn the medical community, the general public and plaintiffs decedent, Victor Motus ... of the dangers, contraindications and side effects ... of Zoloft” [Complaint, ¶ 27] and that in the United States…