Avandia Lawsuit Settlement of $60M Will Resolve 700 Cases: Report

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GlaxoSmithKline PLC has reportedly agreed to pay $60 million to settle about 700 Avandia lawsuits filed over side effects of their diabetes drug. However, the drug maker still faces thousands of other similar suits filed throughout the United States alleging that they failed to adequately warn about the risk of heart attacks, heart failure and other injuries. 

The Avandia settlements were reached to between Glaxo and two law firms representing hundreds of clients, sources told Bloomberg News. The agreement is believed to be the first settlement of Avandia injury claims brought by users, and Bloomberg reports that the drug maker is continuing negotiations to settle Avandia lawsuits with other lawyers.

Avandia (rosiglitazone) was approved in the United States in 1998 to treat type 2 diabetes by helping control blood sugar levels. The drug has been used by millions of diabetics, but sales have plummeted in recent years as concerns have mounted about the risk of serious and potentially life-threatening heart risks with Avandia. Some experts estimate that Avandia has caused between 60,000 and 200,000 heart attacks and deaths due to cardiovascular problems in the U.S. from 1999 to 2006.

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Concerns about the risk of heart problems with Avandia first gained widespread attention in May 2007, when a meta-analysis of 42 different clinical trials was published in the New England Journal of Medicine, suggesting that users of Avandia had a 43% increased risk of a heart attack.

In the United States, GlaxoSmithKline PLC currently faces thousands of lawsuits over Avandia filed by former users of the drug who allege that the drug company failed to adequately research their medication or warn users about the serious side effects. Federal Avandia litigation has been consolidated into an MDL, or Multidistrict Litigation, for pretrial litigation in the U.S. District Court for the Eastern District of Pennsylvania, where the first trial is expected to begin in July.

Details of the agreement are unknown, including the nature of the injuries involved in the cases. However, the Avandia settlement breaks down to an average of about $86,000 per plaintiff.

Pressure to resolve the Avandia cases has increased in recent months with the first trials approaching and a renewed push by critics for a recall of Avandia to be issued.

Earlier this year, a Senate report was released that criticized GlaxoSmithKline for intimidating doctors who spoke out about Avandia side effects and for failing to adequately warn users about the risk of a heart attack from side effects of Avandia.

Last week, at a House Agriculture Appropriations subcommittee hearing, several lawmakers entered testimony criticizing the FDA for not issuing an Avandia recall and questioning how the drug was ever approved in the first place.

FDA is currently conducting an Avandia safety review and estimates that it will conclude its investigation some time in July. Some of the FDA’s own drug reviewers said as early as 2007 that Avandia poses too great of a health risk for too few benefits. The FDA is considering pulling the plug on an Avandia study, called TIDE, which is looking at the side effects of Avandia compared to those of Actos, a competing diabetes medication manufactured by Takeda Pharmaceuticals. The FDA says that given the Avandia heart attack risks, it may be unethical to continue the trials.

Tags: Avandia, Diabetes Drug, GlaxoSmithKline, Heart Attack
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600 Comments

JW
I filed in 2006 and haven’t heard anything yet othe than three more months. What’s up with that?
joe
Donald, If everything is ok, medical records complete, from the time you sign you are looking at about 6 to 18 months just to give an amount, and then I think you will sign another agreement to sign off and finalize the settlement.
Donald
So id we already agreed to a settlement and signed all the paperwork, when are we going to get our money????
joe
Beginning in Nov, 2011, you can no longer get the drug in the local pharmacy. In order to get the drug, you must have a prescription from the doctor and once a year you must sign a wavier acknowledge the warning and hazard of the drug. Then you must use the mail order system to get the drug sending the wavier with the doctor and your signature. (medco).
joe
Avandia is being taken off the market. This we can celebrate.
joe
Ken, I can’t believed that during all this time you never called the lawyer for a update. You never ask your Doctor if a request was made to have copies of your medical history sent to the lawyer. Don’t blame the lawyer, blame yourself. Don’t ask questions anybody give you infor.
Ken
I was first prescribed Avandia in September 2000. Late in 2002 I had a heart attack and subsequent triple bypass surgery. I contacted a lawyer last fall, and the only communication I have received is a request for information I had already given them in detail. I even traced down the cardiologist who first prescribed Avandia and supplied them with his location and telepone number. I have yet to hear back from them. I am beginning to believe the whole thing is a scam to line lawyers pockets.
joe
Alan, please don’t get mad at my question. Did you filed a lawsuit against GSK?
alan
i was put on advandia in 200 instead of insulin,and in late 2002 started having shortness of breath,and then it progressed to chest pains ,by early 2003 the chest pains gotten worse,then after a doctors visit,i was refered to a heart specilist and told i had heart problems,i aked how did a 100%healty heart go from HEART LIKE A HORSE TO CHF? at that time they had no ideas but said i needed surgery to correct the problems they did a triple bypass and it failed as they said one artey was so bad it could not be repaired,////now i find out the advandias the cause /so yes i am in with sueing …..that drug could have killed me and many others,yes it kept blood sugers under control but look what its side effects have done worse damage then the diabetes itself,and bad thing is they knew all along about its side effects but gave us only minor warnings /they hid major facts ,THEY SHOULD PAY EACH HEART VICTUM FOR PAIN SUFFERING/THE SURGERY COST ON AVERAGE $120.000.00 SO THEY SHOULD PAY US AT LEAST $300.000..00 PER PERSON.
joe
Please note, GSK and MDL are talking serious to settle the law suit.
joe
Kimberly, As far as I know only the Buford Family went to trial, but they were cut short when GSK gave them an out of court settlement that the family agreed to. Two more people at the same time were going to court, but no information can be found.
kimberly
SMS, I am associated to one of those on that doc in the link and there has been no settlement. Talk of trial dates, have been rumored but I think they always get pushed out. I would like to know when someone is actually going to trial…
sms
http://www.courts.phila.gov/pdf/clc/080202733-04172008.pdf names of people that went to trial in july 2010 they file 2008 and 2009 go to bottom of pg and rotate the pg these are one that won a settlement are lost a settlement
Kimberly
Joe, By no means am I choosing to settle for “garage sale prices.” I was just merely stating what I have been told as to how the process will work, if and when I ever get there… it has been alot of years with this lawsuit and alot of feet dragging. Yes I get down when I look at all the damage that has been to my life and others, and no one has paid the price for the greedy profits that GSK has had over the years. I am wore down but certainly not out.
joe
Kimberly, I know that you feel powerless, and are resigning to accept the “offer”. This is why many months ago I tried to warn people to be careful and research. All this time many people were telling me to shut up. I guess that the only thing to do is to accept whatever you are offer down the road. People are now going to see that they were screwed and that they know they were screwed. I still cannot understand why most people would not even research past lawsuit. I don’t know if some of these people work for lawyers or GSK, or just didn’t care. Kimberly, I can only hope for the best for for you.
kimberly
Thanks Sam, but no my case was filed back in 2008, and here we still sit and wait. Have to wonder if this will ever be resolved and actual money will be paid for the havoc GSK has caused in so many oeople’s lives. I think that the “beat down” mentality is what GSK counts on. Drag it out and go through the emotional ups and downs . There is going to be a trial no there is not going to be a trial and people just give up the fight and settle for pennies.
kimberly
Joe, I hear what you are saying that this is my lawsuit and not the lawyers, but in these “settlements”” that I have not even seen a letter, but was told that the firm consolidated with another firm and were working on getting the files over to Garretson. We really have lost our voice. There are no trilals set, so no way GSK is going take notice, and if you turn down the settlement offer, the firm is going to settle all they can and then quit everyone else, so the firm can get paid and leave everyone else out in the cold. As I understand there has to be a certain % of people have to agree to accept. The firms are not going to loose their cut so anyone who bucks the settlemnet, will be quit and good luck trying to find a firm to take the case and have to encur more expenses to start over if anyone will accept the case. You have firms out there that are not accepting any new cases. When are the bellwhether trials going start again?
sam
Kimberly……..If you just filed in the last several months, this is what happens……..Your lawyer will gather all of your medical records drom your doctor……..Your case will then be submitted to your local state court……..It will then take another 1-3 months for that court to forward it to the Mass Torts MDL in PA……..You can click the following link…. http://dockets.justia.com/search?query=SMITHKLINE+BEECHAM&court=paedce You can then enter YOUR name in the search box next to “party name” and see if you are included in the Mass Torts MDL
joe
Kimberly, I really don’t know what it would mean. At least you know that you are in some court system in which a court order will take place. It could be almost anything. It could mean that a study of your case to see where you belong. The bottom line is that you now know that your lawsuit in the system, which is better than what some people know. You didn’t say if you call your lawyer. Call him and let him know what you found out and what does it mean. By calling your lawyer, he’ll now know that you have been researching what is going on. Thank you for calling and looking out for yourself. Remember, it’s your lawsuit, not your lawyer.
sms
lets sue the lawyers for lying
smms
http://www.bloomberg.com/news/2011-01-31/glaxosmithkline-settles-suit-on-avandia-diabetes-drug-heart-attack-death.html there u go kim
kimberly
Joe, I called the numbers and was told that i was not in the MDL that I was in state court under a different judge. Not sure what that means.
joe
Sms, Call your lawyer back and inform them of what garretson told you. It could be an honest mistake. Be careful. When you call your lawyer also ask why all the claims were sent to garretson.
joe
Kimberly, just a note asking to see how did you make out on finding the Court case of the Buford settlement and the phone numbers that was left for you to call.
sms
my lawyer sent all his avandia claims to The Garretson Group and when i call the garretson group they say my name is not on the list. im trying to get a lawsuit funding loan ‘do you think that why my lawyer said my claim is with the garretson group now
joe
Kimberly, To answer your question if the Burford family settled out of court is simple. Go back and google search and ask the question, Avandia out of court settlement. What comes up is one that ask, “HAS anybody settle out of court”. Click this, it will show you an answer. Also, go back to a posting dated March 2 by Josh. Click on North Carolina and it will show you. This information is public. It is all over the various posting on the internet. The part that he may not be able to tell you is the agreement between GSK and Burford family. Nobody knows that. He may not want you to know of this settlement. I don’t know. You can call the actual court and ask for information. The phone number to the Eastern Penn Court that is filing the Mass Torts is 215 597 7704. When you call, Let him know you do not know your case Number, but give him your full name. If he cannot find it on the system, call your lawyer and ask what is this mass tort listing, why you are not on it. You can also call the Judge Rufe secretary and ask what is going on. The number is 267 299 7490. Remember, this your lawsuit, not the lawyers. Ask questions.
Doug
I also think that these lawyers that are not joining the MDL are getting a sweet payout from GSK for doing so. That way they will settle for much less than the MDL cases. Who ever heard of living in one state, having an attorney in another state, and going to court in a third state. People are being conned, and do not even know it!
Doug
I think that GSK is greasing the Judge’s palm, why else would this case be dragging on so long. The Vioxx MDL was formed in 2005, and there were about 14 trials, and then in 2007 a settlement. Why has the Avandia MDL dragged on for 4 tears now with no trials at all??
Kimberly
Joe, You have stated, as well as others, that Burford case settled out of court and is not caught up in these inventory settlements, and that Neasly (sp) did the same. I have not seen any court documents that confirm this and it is important that i confirm this. My lawyers are saying nothing like that has happened and if it has they would not be able to tell me, that is would be confidential. Terms yes but yes or no it settled? Really. Would it not make sense for all the Bellwheather cases that were set for trial to have settled, if they are caught in inventory settlement talks, what happened to moving forward with trials. Trials, at least one, would benefit everyone, and make GSK stand up and take notice. Any concrete info that you can provide so I can question my attorneys would be wonderful.
Tina
After I have read all the posting I now understand why my husband went through all the pain and suffering he had. We did not know that is was because of this drug. He has sense past away but he filed this suit a few years ago.I just think that if we would have know what this drug did to people he might still be here today.I still am waiting for a settlement so I can pay off some of the debts he left me.No one can tell me when this is going to happen or even if I will get enough to pay his bills.Sense all this has happened I will not take any drugs till I have checked on the side affects.It just goes to show you that the drug companys don’t care anything about the people who take the drugs.Their bottom line is making money not saving lifes.
kitty
This is truley a bad drug, Is ther any compensation for the children whos mothers life has been devistated by this drug?
joe
Bill. For long time now I have been trying to tell people to be careful. They just won’t listen. What Gsk did and as most other businesses do is to make profit. Don’t care how business make a profit, just make a profit. Lawyers are the same. Take on as many cases as possible, even if it can’t handled the load. If you don’t ask questions, nobody is going to volunteer to you answers. All I can say is make the phone calls. If you truly believe what your lawyer say, don’t make the call. And Bill, you know what, even if some people call and what they hear is the opposite of what they been told, some will learn and some still won’t listen. Alot of false information is said by accident and some is said on purpose. Divide and conquer. That how business works.
Joe
Debbie, I’ll just give you information First, go back on this posting to where it begins in May 2010. Read all of the postings again. It is the same comments that most posting saying about settlements. Now read these postings. MARY 7/22/10, SANDY 9/18/10, RONNIE 10/25/10 (this will take you to the Mass torts people), PAM 1/17/11, GOLDA 2/12/11. Debbie, it is up to you to think what is going on if there have been a real “settlements”. Now after you finish reading, here are phone number that you can call. 215 597 7704. This number will be to the eastern Penn Court. You will be ask for your case Number. Tell them you don’t know, but give them your full name. Ask if anything is going on. Now if your name is not on the Mass tort listing, call your lawyer and ask why this list exist and why you are not on it. Also, here is Judge Rufe’s secretary number. 267 299 7490. Ask the secretary what is going on. I know that people have been condemning me and calling me just about every name in the book. I understand the pain, the suffering, the hurt that everybody gone through. All I been telling people to be careful. To think for yourself. Remember, it’s your law suit, not the lawyer. This is an open invitation for all people to make the phone call. Pleaseeeee, call.
Bill
How can the lawyer decide how much each person gets??? That is what the court is for!!!! what is wrong with you people??? My God, where did some of you find your lawyers?? I hope that most of you hired a reputable LOCAL lawyer
debbie
I’m beginning think SSM is right.in what he post about the lawyers will disqualify you .
debbie
My lawyer said he settle all his cases ‘and all that was left to do is to see how much everybody is qualify to receive different cases will qualify for more are less he said at this time he couldn’t tell me how much I was getting. Hay Joe do you think my lawyer lying to me are holding someback from me there is lots of people lawyerson here told them how much they are getting why cant my lawyer tell me how much im getting Two heart attack and chf and angina
joe
jbr, You are right. It means what it says. “OUT OF COURT”. You took the out of court settlement really means you took the “BRIBE”. You are letting GSK off the hook and free to continue to let the avandia drug on the market. It must be proven in court of law that avandia and GSK knew what was going on. By excepting “OUT OF COURT SETTLEMENT” you are approving GSK action that damage your heart. And even with all this said and done, again, nobody ever came forward saying that they received any money. People from two , three years ago said they settled but have yet to received funds. And if you try to say that “I SIGN A STATEMENT SAYING THAT I WON’T TALK ABOUT IT, GIVE A BREAK”. THESE POSTINGS HAVE NO LEGAL BINDING.
jbr
because 30 more cases were filed does not mean that out of court settlements were not reached
ssm
the lawyers are the one that gonna try and disqualify you so they can keep the extra money they got for your case
YVETTE
After two strokes under the medication, an attorney took the case for three months, and after several frustrating status calls to their office, they sent a letter that we do not meet their criteria. Does a patient have to be dead or have $$$$$$$$$$$$$$$$ as their criteria? Needless to say we are moving forward with another attorney that really cares for the patient’s welfare.
joe
Again, if the case was “settled” I don’t understand how on Mar 30 more cases were filed in Eastern Penn Court. The total now is 4,121 cases.
jbr
i was told that the case was settled waiting for a third party firm to calculate amounts
joe
As of Mar 28, 4,108 cases has been filed in the mass tort of the Eastern Penn Court.
sam
Are they ever going to end the addition of people to this lawsuit?? It has been 4 years now!! If they don’t cut off the addition of people to this MDL, it will never be settled. The way they keep adding people, it will be another 2-3 years before a settlement is offered, if that soon. Why is the Judge dragging her feet on this case?
joe
Jack, if it was an 800 number, all they are saying to file as soon as possible. If they say there is a settlement you go the lawyers site on your computer. If you see them proclaiming the settlement and what a great and successful law firm they are. If you don’t see that, I think you might know the answer if this was true or not. Do your research and homework. As of mar 25 more cases has been added to the mass tort filing. 3,984.
Lisa
I have read all these stories today, one after another, then another saying to myself, this is murder these people knew this drug was a killer, why was this allowed by our goverment. Someone had to know this was going to take lives, i have no life now i dont know even if they gave me a million, would it really be enough. How do these people get their parents back, or their father or mother, this is so upsetting to sit here and read and know all they ever had to do was pull this derug, i assure everyone they made more money than they will ever give back, and i paid them 200.00 a month to kill me. GREAT THAT SOUNDS FAIR
Jack
I have called the number on T.V about the avandia cases and was told by a law ferm to hurry up and sign the papers, because they were settling with people for 46000. Does any one know if this is true
Lisa
I could not believe the Sunday i woke up and fell over on my kitchen table from chest pain, i phoned my son to come and take me to the hospital for at the time i was just diabetic and had a strong heart and was in good health, although i swelled up to 240 lbs from 125, i knew something was wrong , my son took me to the hospital that Sunda in Oct 2007 and was in surgery stat getting 3 stints in my left ventricular the dr. tpold me you were 88% blocked and not even my last stress test i was fine 3 yrs earlier with no damage, well i almost have that massive heart attack, but God saved me to be here so ,me and my handicapped son have no home, car, money only disabilty now. I used to make 85,00 a year. Well that same year one month later still having chest pain, go back in and now im 90% blocked in another artery, well another stint. Then strange tumors start to grow inside my bones and my bones fracturing on their own, i was 40 now im 80, AVANDIA took my life and i pray to God everyday that whoever puts this drug out will pay and i do not mean 1 million dollars , whats my life worth anyway, what proce did GOD put on it.. These peopl must stop now before killing all diabetics
joe
Doug, thanks for your posting of Mar 20th. This should get people now to understand what I’ve been trying to tell them. There have been no settlements. No payments can be made without an understanding that some form of legal process is made to determine the amounts each person gets. This does my heart good to see that you have done some homework and research. You have made my day today and the coming days ahead.I am tap dancing with joy.
joe
Again, as of Mar 17, no new cases as been file. It’s been at 3973 cases since March 17th. Trying to find out if the filing is over.
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