Hundreds of patients who have taken Avandia, a drug for diabetes, needlessly suffer heart attacks and heart failure every month, determined by confidential government reports recommending the drug be taken off the market.
Dr. David Graham and Dr. Kate Gelperin of the Food and Drug Administration and authors of these reports, recommended that Avandia be withdrawn. The battle has been brewing for years but has been brought to a head by disagreement over a new clinical trial and a Senate investigation that concluded that GlaxoSmithKline should have warned patients earlier of the drug’s potential risks.
In 2008, the United States Supreme Court heard the groundbreaking case, Wyeth v. Levine, and held that Federal regulatory approval of a medication does not shield the manufacturer from liability under state law. Wyeth v. Levine 129 S. Ct. 1187 (2008).
Under Georgia State law, a drug manufacture like GlaxoSmithKline may be liable for a failure to warn adequately of known or reasonably foreseeable dangers in the use of the drug.
Consumers are legally entitled to products that are safe when used reasonably and should not be at risk for injury or illness from a defective product like over the counter drugs such Avandia. Defective products come in all types of packages and can cause serious injury including death. Products liability suits are claims filed by a person or person’s family member who has suffered injury or death due to the negligence of a company manufacturing or designing a defective product.
Because of this, a successful product liability suit will not only benefit you, but will protect thousands of other consumers who might be using the same product. Contact us today at (404) 654-0288 to speak with an attorney about your options.