BEAUMONT – The Ninth Court of Appeals recently affirmed a ruling declining to dismiss a lawsuit alleging an over prescription of anti-depressant medication led to an older man shooting himself in the head.
Through The Daws Law Firm, the family members of Bobby Fosha filed suit against the Steward Medical Group (Permian Premier Health Services) and Dr. John Lee on May 18, 2020, in Jefferson County District Court.
Court records show the defendants moved to dismiss, arguing the plaintiffs’ expert reports “are woefully deficient.”
Judge Baylor Wortham, 136th District Court, denied the motion and an appeal ensued.
On April 22, the Ninth Court affirmed the ruling, finding that the defendants’ issues lack merit.
According to the original petition, Fosha, 78, was a church-going family man. He worked outdoors all his life, beat cancer, grew his own garden and by all accounts enjoyed life. On Oct. 23, 2018, he was seen by Dr. Lee for a routine check-up and to be put back on an anti-depressant.
“Inexplicably, and without any warning, Bobby Fosha shot himself in the head … four days after being prescribed four times the recommended amount of Celexa (citalopram), a powerful anti-depressant, from Defendants,” the suit states.
Dr. Lee prescribed the medication. Almost immediately after taking the drug, Fosha’s family noticed a change in him. They took him to an urgent care center two days later and contacted Dr. Lee.
“That is when Dr. Lee identified his mistake,” the suit states. “Dr. Lee told the family that he mistakenly thought Bobby had been currently taking Celexa prior to the October 23, 2018 40mg/ day prescription. Dr. Lee assured Michelle the medication overdose was the problem and called in a new prescription of Celexa at 10mg/ day for Bobby and instructed the family to begin giving him the lower dose.
“No other intervention or appointment was ordered or suggested by Dr. Lee.”
Despite the lower dosage, Fosha began to obsess over minor things that had never worried him before. On Oct. 27, 2018, Fosha shot himself without leaving a suicide note. When his family found him, he was covered in blood and trying to put his left eye back in its eye socket. 911 was immediately called. He went into cardiac arrest while en route to the hospital.
Fosha’s family is alleging gross negligence and is suing for medical expenses, mental anguish and funeral expenses.
Malachi and Judson Daws represent them.
Trial case No. D-205748
Appeal case No. 09-20-00243-CV