Professional Negligence Law Reporter

James Fassio had a history of suicidality and suffered from anxiety, panic, and depression. Internist Alan Shorofsky prescribed Paxil without physically examining Fassio and continued prescribing the medication without requiring him to come in for regular checkups. Fassio died by suicide approximately six years after last meeting with Shorofsky. Fassio was in his 50s and had worked in a corporate support role earning $50,000 annually. He is survived by his wife and two adult daughters.

Fassio’s wife and daughters sued Shorofsky and his employer, Clinical Associates P.A., alleging claims for wrongful death and survival. The plaintiffs asserted that the defendants should have taken a history and performed a physical on Fassio before prescribing Paxil, which poses an increased risk of suicide. Moreover, the plaintiffs asserted that Fassio required close monitoring while on the medication and that the defendants had failed to maintain a therapeutic relationship with him.

The jury awarded approximately $1.1 million, including $40,000 to each daughter.

Citation: Fassio v. Clinical Assocs., P.A., No. C-03-CV-20-003491 (Md. Cir. Ct. Baltimore Cnty. Apr. 14, 2022).

Plaintiff counsel: Marc Seldin Rosen and Kristofer P. Cubello, both of Sparks, Md.