"It seems you wouldn't call this viable for a class action."
No. Unless there are large numbers of patients committing suicide due to taking the drug then it isn't a class action case.Many factors go in to whether or not a drug is a high risk for causing significant problems in the overall patient population that takes it. You are making huge broad based assumptions about your father's situation and the cause and affect relationship to the drug. In order to prevail in a class action case you would have to have multiple cases similar to his.
"Would this be considered a medical malpractice case?"
In an individual med/mal situation you would have to have expert medical testimony that it was the drug alone that caused his depression and the suicide and not other factors.
You have some serious issues to face here:
1) He had not taken the drug that night and possibly several nights. This indicates he did not have a dependance on it nor was he following his physician's instructions. Had he taken it he might have slept.
2) He had multiple severe stressors in his life at that time that could have caused the insomnia and the suicide as well. "Divorce proceedings, unemployment, and a relationship outside of his marriage that he was unhappy with." All of that would factor in to whether or not there was a case.
" the fact is this drug is dangerous."
One of the hardest things for the survivors of suicide to cope with is why the family member did this. There is no answer that ever explains it even if there was a goodbye letter. It is a tragedy and truly if the person knew the depth of the grief they would leave their loved ones with they would not do it. The search for an explanation to ease the pain of survival is understandable. The fact that the toxicology study showed that he had none of the drug in his system means that it will be virtually impossible to establish a cause and effect relationship that it was the root cause of the suicide. I am sorry that you and your family are having to go through this.
If you want to pursue this you can have his records reviewed by a medical malpractice attorney to see if a relationship to the drug can be established. The "Find A Lawyer" feature can assist you in finding someone in your area to help you with this. Best of luck to all of you as you get through this.
"That's just my opinion, then again I might be wrong." Dennis Miller