Rosiglitazone maleate, more commonly known as Avandia, is a prescription drug given to adults with type 2 diabetes to control blood sugar.
Studies revealed Avandia was an unsafe drug because it increased the risk of heart attacks in those who took the drug. More than 13,000 lawsuits have been filed against GlaxoSmithKline, the maker of the Avandia drug. Besides the risk of heart attack, other health risks and injuries associated with the drug include:
- Irregular heartbeat;
- Bone fractures;
- Persistent vomiting or nausea;
- Stomach/abdominal pain;
- Vision issues; and/or
- Various other health considerations.
If you’ve suffered these or other health issues due to Avandia, you may have a legal claim in connection with the injuries. These types of injuries can be serious and can lead to long-term injury or complications with other health conditions.
Why are People Suing GlaxoSmithKline Over Avandia?
People are suing the drug maker based on the claim that the drug is a defective product. A defective product is any product that causes injury to an individual because of a design defect, manufacturing defect, or a failure to warn. The company is accused of not properly warning patients about the risks associated with taking the drug such as increased heart attacks.
Many Avandia lawsuits are filed under the “failure to warn” doctrine. Products must be reasonably safe to use for their intended purpose. A failure to warn indicates the defendant failed to tell about all the dangers associated with the drug, such as when the product fails to include proper warning labels.
What Do I Have to Prove If I Want to Sue the Makers of Avandia?
A plaintiff must prove the four elements of the failure to warn tort:
- The defendant knew how dangerous Avandia was;
- The defendant had a duty to warn the plaintiff of the danger associated with Avandia;
- The defendant was negligent regarding their duty to warn, whether verbally or on the drug’s packaging, about Avandia’s risks; and
- The plaintiff was injured because of the inadequate warnings about Avandia.
If these four elements are met, there is a high likelihood that the plaintiff will be able to recover damages for their injuries or losses. Damages for the injuries can include coverage for such costs as medical bills, lost wages, pain and suffering, and other costs. A fatal case can also include wrongful death damages and other types of damages awards.
What is the Difference between a Manufacturing Defect and a Design Defect?
Besides failure to warn legal theories, some Avandia lawsuits may be based on other product defect theories, such as manufacturing defect and design defect theories. A manufacturing defect occurs where there is some error, failure, or other mishap during the production stage of the product.
With a manufacturing defect, there is generally nothing wrong with the initial design of the product. Instead, the defect is caused by the way the drug is produced. In the context of an Avandia lawsuit, an example of a manufacturing defect can include:
- Manufacturing the wrong dosage of Avandia;
- Including the wrong ingredients during the manufacturing process;
- Failing to include a specific ingredient;
- Contamination of the product during manufacturing; and/or
- Various other manufacturing errors.
In comparison, a design defect occurs earlier in the process, at the design stage. Here, the error, fault, or defect has to do with the way that the product is designed, envisioned, or formulated. In the context of an Avandia lawsuit, a design defect might involve:
- Selecting ingredients that are inferior or ineffective;
- Selecting ingredients that are too strong or that have known side effects;
- Formulating the product in a way that makes it dangerous; and/or
- Designing the capsule or tablet in a way that makes the delivery of the drug faulty
Thus, an Avandia lawsuit might involve various aspects of general product liability law. In some cases, various legal theories can be applied, such as when a product has both a manufacturing and a design defect.
What are Class Action Avandia Lawsuits?
When several persons are all injured by the same type of Avandia defect or issue, it may happen that a class action lawsuit is filed. A class action lawsuit consolidates several claims into one; the group of injured/affected persons are grouped together into a “class”, which allows their claims to pass through the court system in one lawsuit.
This makes the process more streamlined and can help the parties save time and money on the lawsuit. In some cases, class action lawsuits allow the parties to recover more than if they had filed individually.
In some situations, individuals may be required to join the class action lawsuit and not be allowed to file their individual suit until the class action claim has been settled. It will depend on the nature of your claim and if it’s similar or identical to the claim at the heart of the class action lawsuit.
Do I Need a Lawyer for Help with an Avandia Lawsuit?
If you or a loved one have been harmed because of taking Avandia, it is in your best interests to obtain a personal injury lawyer near you for help with a legal claim. Your attorney can provide you with guidance in court and legal representation for your case