If you or a family member/friend have taken Avandia for diabetes treatment, and thereafter suffered a heart attack, you may be entitledto compensation as part of a class action. Here’s a detailed description. For more information, contact our offices.
Approximately 4,000 individuals have filed litigation concerning GSK’s alleged misrepresentations regarding Avandia. Most of those claims have been consolidated in a multi-district proceeding that is pending in the United States District Court for the Eastern District of Pennsylvania. See In re: Avandia Marketing, Sales Practices and Products Liability Litigation, M.D.L. 1781 (E.D. Pa.).
Four public entities have sued GSK over the company’s allegedly fraudulent marketing of GSK: (1) the state of Utah, (2) the state of Louisiana, (3) the state of South Carolina, and (4) Santa Clara County, California. Missouri is contemplating filing a separate action, in order to recover large sums it paid through Medicaid coverage for its citizens.
Avandia (generic name rosiglitazone) is a type 2 diabetes drug that is taken orally and commonly combined with other diabetes treatments. Avandia is marketed by GlaxoSmithKline (“GSK”). GSK introduced Avandia in 1999. GSK is a British pharmaceutical and healthcare company. GSK’s 2009 revenue surpassed $45 billion; in 2006, sales of Avandia totaled $3.6 billion.
In May 2007 the New England Journal of Medicine published a paper authored by Dr. Steven E. Nissen, which summarized the results of his study of Avandia. According to Dr. Nissen, type 2 diabetes patients taking Avandia had an increased risk of heart attacks compared to patients taking comparable drugs, or following other treatments. Dr. Nissen’s study concluded that Avandia was associated with a 43 percent increased risk of heart attacks.
In June 2007 the Food and Drug Administration issued a “black box” warning that Avandia should not be given to patients with heart failure. In July 2007 FDA scientists estimated that Avandia was associated with approximately 83,000 excess heart attacks since the drug came onto the market in 1999.
In July 2010, an FDA advisory panel voted to keep Avandia on the market, but increase or otherwise modify the warnings on the drug’s label. A few days later, the FDA ordered GSK to halt enrollment in a large drug trial that was scheduled to commence concerning Avandia and its associated health risks.
After Dr. Nissen’s article was published in 2007, the U.S. Senate Investigation Committee on Finance commenced an investigation into GSK and Avandia.
After reviewing over 250,000 pages of documents over a four-year period, the Committee concluded that GSK “was aware of the potential cardiovascular risks associated with Avandia in late 2004 or early 2005.” The Committee also found that GSK had previously sought to intimidate and undermine researchers who previously suggested Avandia enhanced cardiovascular risks.
In summation, the Committee stated: The totality of evidence suggests that GSK was aware of the possible cardiac risks associated with Avandia years before such evidence became public. Several years prior to Nissen’s study, it can be argued that GSK was on notice that Avandia may have problems. Based on this knowledge, GSK had a duty to sufficiently warn patients and the FDA of its concerns in a timely manner.
If you have taken Avandia, and have had a heart attack, you have possible legal remedies available for which you should immediately consult with an attorney.
