ST. LOUIS, Mo. — Debbie Pyzyk brought her daughter to Gateway Psychiatric Group for alcohol and Adderall abuse. Instead, a doctor there overprescribed Vyvanse that caused a stroke, ultimately killing her daughter at the age of 35.
A jury awarded Pyzyk $5 million in compensatory damages, but the judgement was reduced to $801,061 because of medical malpractice cap laws in Missouri.
Defendants argued on appeal that testimony from The Simon Law Firm’s expert should not have been admitted because it was not based on the expert’s experience and wasn’t tested or supported by medical literature.
The Missouri Court of Appeals concluded that other substantial evidence Simon Law Attorney Kevin M. Carnie Jr. presented at trial proved the patient’s death occurred from an alleged Vyvanse-induced stroke and upheld the verdict.
“We are pleased that the Court of Appeals affirmed the trial court’s ruling in this case. While nothing can bring back Kristin Pyzyk, the decision in this case brings our client some comfort in knowing those who are responsible for her death are being held accountable,” Carnie said.
Missouri Court of Appeals Judge Cristian M. Stevens wrote in a June 11 opinion that even if the expert’s opinion should not have been admitted, “substantial evidence at trial tended to prove that Kristin Pyzyk’s death was caused by Vyvanse use.”
“This Court will not reverse a judgment unless the circuit court’s error in admitting expert testimony ‘materially affected the merits of the action,'” Stephens wrote.
Pyzyk filed the wrongful death lawsuit against Gateway Psychiatric Group and Dr. Gordon Robinson alleging Robinson overprescribed her daughter Vyvanse, also known as Lizdexamfetamine.
Robinson prescribed a daily dose of roughly 135 mg of Vyvanse. The U.S. Food and Drug Administration recommends a maximum daily dose of 70 mg.
Kristin Pyzyk was found unresponsive and later declared brain dead. The St. Louis County Medical Examiner’s Office determined her cause of death was an “intraventricular hemorrhage secondary to acute Lisdexamfetamine toxicity.”
The Court also concluded that The Simon Law Firm’s expert relied on various articles and studies dealing with amphetamines causing strokes, including Lizdexamfetamine overdoses.
Media Contact:
Christine Byers
Director of Marketing & Communications Simon Law Firm
cbyers@simonlawpc.com
