Guinea pig sues over new drug that left him addicted to gambling

A MAN who says he became a gambling addict while a guinea pig for a new drug is claiming £100,000 damages.

Morton Wylie had been diagnosed with early symptoms of Parkinson's disease when he agreed to take part in the drug trial, a judge heard.

However, Mr Wylie alleges compulsive behaviour was a side-effect and that he changed from someone who would occasionally buy a ticket for the National Lottery to a gambler who lost the family savings, on his way to running up debts of 85,000.

He is taking action against Dr Donald Grosset, a neurologist who offered Mr Wylie a place on the trial, and NHS Greater Glasgow and Clyde, which runs the city's Southern General Hospital, where it was conducted.

Both deny liability, stating that any compensation to be paid under the trial was for "bodily injury" and, in any event, was to be met not by them but by the sponsor of the trial, a US pharmaceutical firm.

The Court of Session in Edinburgh heard Mr Wylie, of Kildrum, Cumbernauld, went to his doctor in 2002 after developing a tremor in his arms and hands. He was referred to Dr Grosset who diagnosed Parkinson's, and offered him a place on a trial of the drug, Rotigotine.

The trial was being undertaken around the world by Schwarz BioSciences, of North Carolina, and the Southern General had been chosen as one of the venues. Lawyers for Mr Wylie said he was advised of possible side-effects, but these were all physical, and addictive behaviour was not discussed. He took part in the trial from 2002 to 2005.

His lawyers said: "In the course of 2003, he developed an uncontrollable urge to gamble. He had never gambled to any significant degree before … occasionally playing the football coupons or buying a ticket for the National Lottery.

"His urge to gamble became worse. He concealed his addictive behaviour from his family. By 2005, his family had become aware of his gambling addiction, (but] he was reluctant to cease treatment with Rotigotine as it was effecting an improvement on the distressing symptoms associated with his Parkinson's disease.

"He spent his savings and then borrowed money to finance this continued gambling. That money remains to be paid."

The court was told insurers for the sponsor had refused to pay any compensation.

Mr Wylie claimed Dr Grosset and the health board had agreed that he would receive compensation if he suffered any loss.Dr Grosset and the board said the side-effects discussed with Mr Wylie before the trial were those known at that time.

In September 2005, a study reported a link with compulsive behaviour, and warned that a few patients had reported gambling problems, which were resolved when the medication was stopped or the dose reduced.

Mr Wylie eventually stopped taking Rotigotine, but he continued to attend Gamblers Anonymous for another nine months.

Dr Grosset and the board said: "(Mr Wylie] has not suffered bodily injury attracting compensation within the guidelines."

Preliminary legal arguments began yesterday and temporary judge Morag Wise, QC, will rule whether the case should proceed.