If you’ve read the news lately, you may have heard that GlaxoSmithKline agreed to settle approximately 700 Avandia lawsuits for a reported $60 million. You may also have heard the calls to end the Avandia safety trial known as the TIDE trial. This may have you concerned about how these developments affect you, and rightfully so.
This week, Pleading Ignorance takes a look at how the Avandia settlement and the controversy over the Avandia and Actos TIDE trial may affect you.
GlaxoSmithKline has reportedly agreed to settle 700 lawsuits for approximately $60 million. How this settlement affects you depends on where you are in the lawsuit process, if you are involved at all.
Obviously, if you’re one of the 700 lawsuits that have been settled, then your lawsuit is now done; you’ll receive your share of the settlement and no longer have to worry about the litigation.
If you are one of the remaining lawsuits (reported to number in the thousands), how this settlement affects you is less clear. Details about the settlement have been kept quiet. Based on how big businesses operate, my guess (this is just speculation here) is that GlaxoSmithKline has not admitted to any wrongdoing (something most businesses attach to their settlements). The settlement, however, shows that the drug maker is willing to sit down with plaintiff’s lawyers to negotiate, which could be a good thing for the remaining lawsuits.
That said, there is no guarantee that a settlement in those 700 initial lawsuits will translate into a settlement for the remaining lawsuits. It’s a good sign, but it’s no guarantee.
If you are considering contacting a lawyer but haven’t done so yet, the statute of limitations might be running out for you. One of the things that plays into how much time you have to file is whether or not your state follows a discovery rule. What’s that? Basically, it’s the point in time in which an individual would have likely been aware that a claim could be made against a defendant—or that a claim existed. In the case of Avandia, that would mean the point at which a person most likely knew they Read the rest of this entry »
It’s somehow eerily fitting that the bellwhether trial case for GlaxoSmithKline’s (GSK) Paxil is taking place in Philadelphia—the nation’s birthplace. You can’t really think of such a trial going on in Philly without recalling a few excerpts from the Declaration of Independence—and not just the more famous lines about unalienable rights but also some lesser quoted phrases like “Such has been the patient sufferance of these Colonies”; substitute the word “mothers” for “colonies” and you’ve just advanced 233 years to be talking about Paxil.
At the heart of the trial that’s now underway is GSK’s allegedly knowing—and failing to warn patients—that its anti-depressant drug, Paxil, could cause birth defects.
All eyes are on this first case which centers on Lyam Kilker, now 3, who has suffered life-threatening heart defects since birth. According to bloomberg.com (9/11/09), Michelle David, Lyam’s mother, was quoted as saying that:
…she was prescribed Paxil during her first trimester to treat mild anxiety. Lyam was born with defects including two holes in his heart as a result of taking the drug, she said in court papers. The infant underwent multiple surgeries within six months of his birth, she said.
She said wouldn’t have taken Paxil if she knew of the risk and contends that Glaxo failed to warn her or her doctors.
“All of Ms. David’s physicians who prescribed Paxil just prior to and during her pregnancy with Lyam have testified that had they been warned that Paxil could increase the risk of cardiovascular heart defects, they would not have prescribed it to her,” according to court papers.
Needless to say, GSK’s position is that there’s no mea culpa; however, reports estimate at least 600 additional cases waiting in the pipeline for the outcome of this trial to say just whose culpa it is. For the sake of legacy of our forefathers, let’s hope prudence prevails.