Avandia is a prescription drug used to treat Type 2 diabetes.
Its active ingredient is rosiglitazone, which helps to control blood sugar levels by increasing the body’s sensitivity to insulin. Avandia is manufactured by the pharmaceutical company GlaxoSmithKline.
There has been a drug recall under product liability law for Avandia. In 2010, the U.S. Food and Drug Administration (FDA) severely restricted its use due to concerns about an increased risk of heart attacks and other cardiovascular issues. The drug was removed from the European market the same year.
Why Are People Suing GlaxoSmithKline Over Avandia?
People are suing GlaxoSmithKline over Avandia due to its alleged association with serious health complications, including heart attacks, strokes, and heart failure.
The issues involved in the lawsuits often revolve around whether the manufacturer failed to include proper warning labels or provided inadequate warnings about the potential risks associated with the drug.
These failures can lead to negligence, misrepresentation, or product liability claims.
What Do I Have to Prove if I Want to Sue the Makers of Avandia?
To sue the makers of Avandia, you typically need to prove the following elements:
- The drug was defective or unreasonably dangerous.
- The defect existed at the time the drug left the manufacturer’s control.
- The defect caused your injury or harm.
- You suffered actual damages as a result of the injury or harm.
To prove that Avandia was defective or unreasonably dangerous, you could present evidence of the drug’s association with severe health complications, such as heart attacks, strokes, and heart failure.
This evidence could include scientific studies, expert testimony from medical professionals, or data from the FDA that supports the claim that Avandia poses a higher risk of adverse events compared to other similar drugs.
To establish that the defect existed when the drug left GlaxoSmithKline’s control, you could present evidence of the company’s knowledge of the risks associated with Avandia before it was released on the market. This could include internal company documents, emails, or testimony from former employees that show the company was aware of the potential dangers but chose to release the drug anyway.
Additionally, you might demonstrate that the drug’s design or manufacturing process inherently led to the defects in question.
To demonstrate causation, you must show that your injuries or health complications were a direct result of using Avandia. Demonstrating causation could involve medical records detailing your diagnosis and treatment, as well as expert testimony from medical professionals explaining how the drug could have caused your specific health issues. For example, a cardiologist might testify that the use of Avandia contributed to your heart attack or stroke based on your medical history and the known risks associated with the drug.
Finally, you would need to prove that you suffered actual damages due to your injuries or health complications caused by Avandia. This could include evidence of the following:
- Medical expenses: Presenting invoices, bills, and receipts from hospitals, doctors, and pharmacies to show the costs of your treatment and medication.
- Lost wages: Demonstrating the income you lost due to your inability to work as a result of your health complications, including pay stubs or letters from your employer.
- Pain and suffering: Providing testimony or documentation from medical professionals, therapists, or counselors to demonstrate the physical pain, emotional distress, and reduced quality of life caused by your health issues.
- Wrongful death damages: If you are suing on behalf of a deceased loved one, you could present evidence of the financial and emotional losses suffered by the surviving family members, such as funeral expenses, loss of financial support, and loss of companionship.
Proving each of these elements can be complex and time-consuming. You should use LegalMatch to speak with an experienced attorney who can guide you through the legal process and help gather the necessary evidence to support your case.
What Is the Difference Between a Manufacturing Defect and a Design Defect?
A manufacturing defect occurs when a product deviates from its intended design, resulting in a malfunction or failure that poses a risk to consumers.
A manufacturing defect can result in a product that has a flaw or malfunction, which makes it dangerous or unsafe for use, even though the design itself is not inherently dangerous. Manufacturing defects typically affect a limited number of products within a larger batch and can be caused by various factors, such as:
- Errors in the assembly process, such as incorrect assembly or missing components.
- Use of poor-quality or contaminated materials during production.
- Faulty machinery or equipment used in the manufacturing process.
- Human error, such as mistakes made by factory workers.
In a product liability claim involving a manufacturing defect, you would need to prove that the Avandia you used was defective due to a deviation from the intended design and that this defect caused your injury or harm.
On the other hand, a design defect involves a flaw inherent in the product’s design, making it unsafe even when manufactured correctly. This often involves demonstrating that there was a safer, feasible alternative design that could have been used to prevent the risk of injury, and that the manufacturer failed to adopt this alternative design.
What Are Class Action Avandia Lawsuits?
Class action Avandia lawsuits are legal actions in which a group of people whom the drug has similarly harmed joins together to sue the manufacturer.
This approach can streamline the legal process and ensure that all affected parties receive compensation.
An Avandia settlement might cover damages such as medical bills, lost wages, pain and suffering, and wrongful death damages.
Do I Need a Lawyer for Help With an Avandia Lawsuit?
Suppose you believe you have been harmed by Avandia and are considering joining a class action lawsuit or filing an individual claim. In that case, it is highly recommended that you consult with an experienced class action lawyer. They can provide guidance on the best course of action, help gather necessary evidence, and represent your interests throughout the legal process.
LegalMatch is an online legal matching service that can help you find a qualified and experienced lawyer in your area who handles Avandia lawsuits. Here’s how LegalMatch can help you:
- Submit your case details: You can fill out an online form on the LegalMatch website to provide details about your Avandia lawsuit. This information is confidential and will be used to match you with a suitable lawyer.
- Get matched with a lawyer: LegalMatch uses a proprietary matching algorithm to match you with a qualified lawyer in your area who has experience handling Avandia lawsuits. You can review the lawyer’s profile and qualifications before deciding to proceed.
- Schedule a consultation: Once you have been matched with a lawyer, you can schedule a consultation to discuss your case. During the consultation, the lawyer can provide advice on the best course of action and answer any questions you may have.
- Hire the lawyer: If you decide to hire the lawyer, they will represent your interests throughout the legal process, gather necessary evidence, and negotiate a settlement or file a lawsuit on your behalf.
Don’t wait any longer to get the help you need. Use LegalMatch today to connect with a qualified and experienced lawyer who can help with your Avandia lawsuit.
