New Avandia Class Action Lawsuit Filed in Illinois Seeks Damages for Illegal Marketing

A new Illinois class action lawsuit filed against the makers of the controversial diabetes drug Avandia joins more than a thousand Avandia cases pending in courts throughout the country. Like nearly all of the personal injury lawsuits facing GlaxoSmithKline, the latest Avandia complaint alleges improper marketing. More than 43 Illinois Avandia users claim that GlaxoSmithKline failed to warn them of an increased risk of heart problems, even though the drug manufacturer knew of the risk as early as 2005.

The Madison Record is reporting on the most recent class-action claim, accusing GlaxoSmithKline and its subsidiaries of negligence, fraud, misrepresentation, and breach of warranty. The suit asks for more than $650,000 in damages in order to compensate the injured Avandia patients for medical expenses and loss of income. Our personal injury attorneys are currently working with countless Avandia users harmed by the dangerous diabetes drug. Hundreds of innocent patients nationwide needlessly suffered heart attacks and heart failure, and at the very least, they should have been warned of the risk.

The Type 2 diabetes drug Avandia was once a very popular option for diabetics trying to control their blood sugar levels. Since 1998, doctors prescribed the drug to more than six million people. In 2007, the drug’s sales took a big hit when the New England Journal of Medicine published an alarming study highlighting serious Avandia heart risks. The diabetes drug has led to heart attacks, congestive heart failure, and even death. Avandia patients also reported other non-heart related symptoms, including vision loss, bone fractures, and liver failure. The distributor’s own tests revealed a 40% increased risk of heart problems, yet they failed to take any corrective actions to prevent patient harm.

An investigation by the U.S. Food and Drug Administration led to a black box warning in 2007, but our drug recall attorneys believe that stronger measures should have been taken at that time. An Avandia recall should have been issued to protect Avandia users from an increased heart attack risk. Instead of a recall, federal regulators recently agreed to restrict Avandia use to a limited number of patients. Starting in November 2011, Avandia prescriptions are only available by mail order from select pharmacies that agree to take part in special educational programs. It is unfortunate that the FDA allows the dangerous drug to remain on the market.

False and illegal marketing by GlaxoSmithKline led the South Carolina Attorney General’s Office to sue the drug manufacturer in May 2011. Several other state attorneys general have filed similar lawsuits. They seek compensation for millions of taxpayer dollars that were spent on Avandia through state Medicaid programs based on legal misrepresentations that the diabetes drug was more effective than others at lowering blood sugar levels.

Avandia claims have already led to substantial settlements, and personal injury attorneys at Pintas & Mullins Law Firm continue to fight for the rights of patients harmed by the negligent diabetes drug manufacturer. GlaxoSmithKline knowingly failed to warn millions of innocent Avandia users about serious heart attack risks, putting profits ahead of patient safety.

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