SANTA ANA : Decision Due in Nausea Patch Trial

A Superior Court judge will decide today whether a trial will proceed in the case of a 51-year-old Orange woman who claims that an anti-nausea patch caused her to suffer many side effects, including psychosis.

Claudine Ramsey purchased the prescription patch, Transderm Scop, made by CIBA Consumer Pharmaceuticals, in November, 1989, in anticipation of having dinner aboard the liner Queen Mary, which is docked in Long Beach, according to documents filed in the case.

However, Ramsey canceled plans for the dinner and stored the patch in her medicine cabinet. On March 17, 1990, she applied the patch behind her ear the night before a planned boat trip, according to the suit.

The following morning, Ramsey said she began suffering dry mouth, elevated pulse, dizziness, shortness of breath and hyperventilation. Suspecting the patch, Ramsey removed it and was taken to the Placentia-Linda Community Hospital emergency room, where she was found to have an intolerance to the patch, according to court documents. The active ingredient in the patch is the drug scopolamine,

During the two years that followed, Ramsey contends, she was treated and hospitalized three times with acute depression, severe anxiety and suicidal tendencies. She alleged in the suit that those problems were a reaction to use of the patch. Ultimately, Ramsey left her job in hotel marketing on disability.

In a separate, non-binding proceeding, a court-appointed arbitrator awarded Ramsey $65,863 on Sept. 28, 1992. However, CIBA rejected the finding and requested a trial.

CIBA’s attorney, Pamela J. Yates, argued this week that the drug company was insulated from liability because Ramsey said in a deposition that she had not read the “side effects” warning on the patient package insert.

Later in the deposition, Ramsey said that if she had read the insert, which warned of the physical side effects, she would not have taken the drugs. Because of these admissions, Yates said, the suit should be thrown out. In an interview, Yates declined further comment.

Judge Donald E. Smallwood said he would decide today whether to allow the suit to proceed.