How many cases have you come across with low back pain being treated with Gabapentin?

How many of these cases have claims of mild TBI or cognitive disorders?

How many of the mild TBI and cognitive disorder claims have allegedly gotten worse over time?

If you work in the large world of California's injury-related insurance defense, odds are high your answer to all of these questions is an emphatic "Too many!"

A new study reveals a potential link between Gabapentin and cognitive decline, which increases based on the number of refills, and more so for individuals between the ages of 35 and 49. While this cognitive decline may take years to show itself, generally, personal injury lawsuits must be filed within two years of the incident, and a case may not come to trial for an additional two or more years. By the time depositions are taken, plaintiffs with TBI claims often present evidence through written discovery and/or depositions that their TBI symptoms have gotten worse over time to maximize their damages.  

However, given this new connection between the prescribed Gabapentin and cognitive decline, these claims require higher scrutiny, especially considering that the original defendant can be held liable for further injuries stemming from negligent medical treatment for the original injury. In this regard, it is crucial to consider (1) that while plaintiffs are prescribed Gabapentin, some don't fill the prescription, while others have them filled regularly, (2) some will admit they are done treating, while others will adamantly claim they will continue to treat into the foreseeable future, and (3) some will treat consistently, while others have large gaps, then return for further treatment for seemingly unclear reasons. As new studies are completed, it is imperative for lawyers to cover their bases during discovery and depositions to lock a plaintiff into not only their claimed injuries but also their treatment regimen and to what extent they complied with prescriptions.

Each of these pieces of testimony weaves together to form the backbone of a defense. If commonly prescribed low-back pain medication, such as Gabapentin, can be attributed to cognitive decline, this will be one new weapon in the plaintiffs' arsenal to be aware of and prepare for.