The paternal grandparents of a 10-year-old accused of fatally
shooting his father filed a wrongful-death lawsuit Wednesday against
the boy's mother, stepfather and the company that makes Prozac,
which the boy was taking.
The lawsuit, filed in Galveston County, asserts that the
anti-depressant made by Eli Lilly and Co. caused the boy to suffer
"such a mental alteration that he shot and killed his father."
Dr. Rick Lohstroh, 41, was killed Aug. 27 after he picked up the
10-year-old and an 8-year-old son at his ex-wife's home in Katy.
Lohstroh was an emergency room doctor at the University of Texas
Medical Branch in Galveston.
Harris County sheriff's investigators reported that the
10-year-old got the gun from a zipped bag in his mother's closet. He
climbed in the back seat and began shooting "through the back of the
driver's seat striking his father."
The boy got out of the vehicle and continued shooting before
going inside where his mother, Deborah Geisler, took the gun from
The lawsuit, filed by Richard and Joanne Greene, says that Lilly
was negligent in failing to make sure that the drug was safe for all
uses, committed fraud by failing to disclose information about
Prozac's safety, made false representations about its product and
breached the implied warranty that Prozac is "safe, effective and
well-accepted for use by the consumer."
The lawsuit accuses Geisler and her husband, Matthew Swanson, of
Geisler, a registered nurse, "had a duty to administer the
medication only as prescribed and to monitor her son for adverse
reactions or side effects."
Also, the lawsuit says, the couple did not secure the handgun and
ammunition and didn't properly supervise the boy, who had been
taking Prozac about a month.
A Lilly spokesman declined to comment about the lawsuit, saying
the company had not been notified of the lawsuit Wednesday
afternoon. He said the company does not promote Prozac's use by
In January 2003, the Food and Drug Administration approved its
use for children older than 8 with major depressive disorders and
those older than 7 with obsessive compulsive disorders.