Have you heard of Michelle Francoeur? A teacher in small-town Canada recently found not criminally responsible for sexual assault of a minor due to mental illness—mental illness that was misdiagnosed and mistreated, as it turned out. Francoeur’s story may not have been front and center in main stream media—but it reads like a best-seller.
In 2008, the then 37-year old teacher of kindergarten through grade nine and mother of two young children began experiencing health problems. So she went to her doctor, and was subsequently diagnosed with depression. She was prescribed an antidepressant medication known as Effexor or venlafaxine. And this is when her problems began.
During the next few months Francoeur’s behaviour underwent a ‘radical change’. For example, she began drinking alcohol excessively, spent money carelessly, went days without sleeping, failed to eat regularly, and consequently suffered significant weight loss, and talked excessively. Worse, the jury that recently heard her case was told by Francoeur’s defense lawyer, she began taking shortcuts in caring for her two daughters aged five and seven.
And at some point over the next few months she began a series of sexual encounters with a 15-year old ex-student. This marked lack in judgement resulted in her being charged with sexual assault. And presumably, the loss of her job, and income.
As it turned out, the boy initiated the relationship with Francoeur—if you can call it that—by sending her a ‘flirtatious’ text message. That led to several ‘sexual encounters,’ between them before the boy’s parents cottoned on.
During this period, Francoeur’s family members had become very concerned about her behavior, and contacted Francoeur’s doctor, by letter. Somewhere, somehow, this must have led to a revisitation of the original diagnosis, because Michelle was re-assessed and subsequently diagnosed with bipolar disorder. And this is key, because the medication she was prescribed—Effexor—is known to escalate the “manic” phase experienced by people with bipolar disorder. The manic phase is characterized by extreme feelings of elation, euphoria, racing thoughts, inability to sleep and difficulty appreciating consequences.
Francoeur’s lawyer, Aaron Fox, summed up the situation pretty well, when he told the Canadian Broadcasting Corporation “It was a “very tragic circumstance…It was a lady who has an underlying condition which was misdiagnosed and received medication that really had a catastrophic effect on her.”
Problem is, even though Francoeur’s been acquitted, damage has been done, to her reputation, her self esteem, and very possibly her career as a teacher. Certainly, going back to teaching in the town of Shell Lake, Saskatchewan, with a reported population of less than 200, could pose some problems.
All this from a misdiagnosis which led to a disastrous choice of medication in her circumstance.
Needless to say, Francoeur’s story raises a number of concerns, such as how many others may have been misdiagnosed like Michelle, and suffering as a consequence? Was Francoeur warned of the possible adverse effects of the drug?
And what about the physician—does his misdiagnosis constitute medical malpractice? Just how much responsibility does he or she bear in all this? After all, this entire situation may have been avoided had she not been prescribed an incorrect medication.
Answers may be forthcoming—or not. It all depends on what, if anything, Francoeur decides to do. For now, she must be quite relieved to have her name cleared, to be out of the spotlight—and most importantly—know she has been correctly diagnosed and appropriately treated, so she can get on with her life and redefining ‘normal’.
This is an amazing article. It tells the story as is and is supportive for Michelle. It has been two years from hell for Michelle.
Hi Carol, Thank you for your comment. It's easy to look at the chain of events–not knowing what was underlying it all–and cast aspersions at Michelle. But in reality, the ordeal she has gone through, and the impact it has all had on her family, has been downright horrific and it only magnifies the dangers of misdiagnosis and the adverse effects drugs can have when incorrectly prescribed. It is a very sad and unfortunate story, and hopefully Michelle ahd her loved ones can begin to put their lives back together and move forward.
This is an amazing article, it tells it how it is. It supports Michelle. It has been two years from hell for Michelle.
What an awesome read! A clear presentation of the crisis that Michelle has gone through. Over the last two years one of my worries was that people wouldn't understand how truly tragic this has been, and the author clearly understands the tragedy. Michelle lost her life, thank goodness she has been given the chance to live again!
I have a friend who is going through almost the exact same situation. She was given Effexor and then a sleeping pill to help combat the insomnia. This only mad the situation worse. She's considering suing her doctor. I think she has every right. Your doctors are supposed to be the experts. They are supposed to protect you from stuff like this. Right?
Hi Emma, Absolutely–you should be able to trust your doctors and have faith that they are prescribing the right course of action for improved health. When that is not the case, legal recourse is often the only way many victims not only get some sense of justice, but more often than not, it's the only way to pay huge medical bills. Your friend may well want to consider her legal options, and she can begin to do so by having her situation reviewed by a lawyer who specializes in medical malpractice. She can do that here–simply by filling out the form and submitting it. It's a free service to LawyersandSettlements.com readers, and there's no obligation. All the best…
I happened upon this page as I’m going through a similar situation legally due to an undiagnosed bipolar 2 disorder. My situation involves overspending on extravagant wild spending sprees but on someone else’s money. I’ve had no previous criminal history whatsoever. Always very responsible. I was put on Effexor when I went to my doctor for depression and after 2 weeks of being on the drug I attempted suicide. It was only after that I was diagnosed with bipolar 2. I really feel for Michelle’s story because your judgement really goes out the window. Not only did I take money from my employer to feed my spending sprees, I was having affairs with married men, drinking and driving. None of these things I would NEVER do in my right mind. Now I’m on medication and seeing a psychiatrist regularly which is helping. Going through this legally and also in the press is very stressful. People don’t understand unfortunately. They judge very harshly. Thank you for posting this story and I certainly hope Michelle has a sense of normalcy to her life again. I wish I had her to speak to. Like her I live in a small community which makes it that more difficult.