Avandia Lawsuit Tolling Agreement Approved as Statute of Limitations Approaches in Many States
Published: April 24th, 2009 • Comments: 6
GlaxoSmithKline, PLC and a group of attorneys representing plaintiffs who have filed Avandia lawsuits agreed on the form for a Tolling Agreement that can be used by claimants instead of filing suit, as the statute of limitations on many cases may be approaching next month.
Thousands of individuals who used Glaxo’s diabetes drug have suffered heart attacks and other cardiac problems which they allege could have been caused by side effects of Avandia.
In many states that have a two year statute of limitations, the deadline for filing an Avandia lawsuit over cardiac injuries could be approaching next month, as the first study to disclose the Avandia heart risk was released by the New England Journal of Medicine on May 21, 2007.
Although some have suggested that the statute of limitations for cases involving heart attacks that occurred before May 2007 did not start running until Glaxo placed a “black box” warning on the medication, Avandia lawyers throughout the United States are preparing to file a large number of new cases in the coming weeks for clients whose injury occurred in states that require a complaint be filed within two years from the discovery that the injury may have been caused by the diabetes drug.
The Tolling Agreement with Glaxo can be used by any person whose claim derives from taking Avandia or related drugs, like Avandamet and Avandaryl. By completing the agreement, the statute of limitations will be paused, or tolled, until 30 days after Glaxo or the claimant provides written notice that the agreement will no longer apply.
This will allow claimants to present their cases before the statute of limitations expires without having a substantial number of Avandia lawsuits filed against Glaxo over the next four weeks, which would require the pharmaceutical company to file appropriate responsive pleadings in each case.
Executing the tolling agreement will preserve any claims that have not yet passed their limitations date on the date the agreement is completed, but can not be used to revive cases after the deadline has already lapsed.
According to the terms of the agreement, the claimants will ultimately be limited to filing their eventual Avandia lawsuit in federal court in the Eastern District of Pennsylvania or the federal district where they used the medication. This will prevent claimants from bringing their cases in state courts, and the federal lawsuits will ultimately be transferred to the MDL, or multidistrict litigation, that has been established in Pennsylvania for pretrial litigation.
Claimants also agree by entering the tolling agreement that they will complete a Fact Sheet within 60 days providing certain information about their case, as well as produce medical records and proof that they took Avandia.
On April 20, 2009, U.S. District Judge Cynthia M. Rufe, who is handling the consolidated Avandia litigation in the Eastern District of Pennsylvania, authorized the use of the approved MDL Fact Sheet by claimants who enter a tolling agreement and indicated that if the claimant later files an Avandia lawsuit complaint in Court, the Fact Sheet will become part of the discovery record in the case.
Comment by Auther on 21 January 2010:
I took Avandia and then took Avandament for 5 years I had a stroke in March of 2008, i also had been hospitalized in 2006 for my liver, my amonia level was way to high it made my brain swell I almost lost my life and at first was told i May have to have a liver transplant but I found a great doctor that has taken care of me since 2006 and has kept me stable so far. I would like for someone to contact me to see if I may even have a case against the makers.I dont know if any of these things have anything in common with the side effects or issues with the drug. Thanks..
Comment by Kim on 20 February 2010:
My husband had been given Avandamet in the fall of 2003 for diabetes. In Jan. 23, 2004 he had 5 bypass surgery. He died on Feb. 2, 2004. He was sent home from the hospital on Jan. 28, 2004 with expectations of making a full recovery and immediately started feeling sick at his stomach. He was sweating profusely(I now know he was diaphretic) and almost fainted on Feb. 1. When he was taken to the emergency room I was met by his cardiologist and he asked me what happened. Is it possible the Avandamet contributed to his death?
Comment by Maureen on 23 February 2010:
My husband has been on Avandia/Avandamet since it’s introduction in 1999 (he lived in CT then, but also took it while we lived in NY from 2005-2007, and here in PA from 2007 until approx. Oct. 2009). In 2005 we found out he had an abdominal aortic aneurysm, but it was less than 4cm at the time. He was put on a second blood pressure medication and ordered to have ultrasound tests every 6 months to monitor the aneurysm.
In Oct. 2009 two things happened: my husband stopped taking Avandamet and was put on just Metformin due to the copayment for Avandamet being $50 (we’re on a fixed income and could not afford that). Secondly, his latest ultrasound showed his aneurysm had grown to 5.5 cm – which meant it was time to have it repaired.
As part of the pre-op testing, a cardiac stress test was done (with dye, not the treadmill, as any blood pressure increase could cause a rupture) and blockages were found. A cardiac catheterization was done in early January, but the blockages were too numerous and severe for angioplasty, so a bypass operation was needed.
My husband had 6 bypasses on Feb. 12 and was in the hospital until Feb. 18th. He is now recovering at home – and still facing the aneurysm repair once he recovers from the bypass surgery. He’s been taken off all oral diabetes medications and is now on two kinds of injectable insulin (a long-acting agent at night and a short-acting version for after meals).
So, the question is… do we have to prove that his heart problems were directly caused by Avandia, or only that the Avandia was contra-indicated for someone who is already at risk for heart problems due to being diabetic, not to mention (in his case) having hypertension, high cholesterol, being overweight, etc?
Comment by LINDA on 23 February 2010:
I took Avandamet for some time and ending up having Respitorary Arrestt and then Cardiac Arrest. Was hospitalized for 6 days in CICU.
Comment by jann on 5 March 2010:
My husband is 45 years old and november of 2009 he had his first STROKE, AND HAS HAD 5 MORE STROKES since the first one. The doctors say there is no medical reason for him to be having these STROKES. They have ran all the test, checked all his atreries, checked his heart and all come up clear.coming up with no reason for these strokes. Except he has positive test for STROKES. Last night I saw on t.v. a commercial on “ADVADAMENT’ CAUSING STROKES!!! My husbands doctor put him on “ADVANDAMENT” last year and now he is having unexplained STROKES. I think this has been caused by “ADVANDAMENT”.
Comment by jerry on 16 March 2010:
My mother took avandament for six month and die from a heart attack. she was went down 6-29 and passed on 7-4 and we buried her on 7-9 which is my birthday. thanks for a birthday present that i will never forget. p.s. she was off medicine for 15yrs but trying to recover her eyesight lead her on getting back on insulin and other medicine by doctor orders