Avandia Lawsuit Tolling Agreement Approved as Statute of Limitations Approaches in Many States
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.
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Learn MoreAlthough 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.
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19 Comments
tonyMay 10, 2014 at 10:39 pm
My father started taking avandia in 2004. He developed shortness of breath not long after starting the drug. In May of 2005, he entered the hospital for conjested heart failure. He had a tude incerted, and his chest was drained. After release from hospital, I ask him if he was taking anything new. He said the doctor put him on avandia about 7 months before. I told him to stop taking it and start o[Show More]My father started taking avandia in 2004. He developed shortness of breath not long after starting the drug. In May of 2005, he entered the hospital for conjested heart failure. He had a tude incerted, and his chest was drained. After release from hospital, I ask him if he was taking anything new. He said the doctor put him on avandia about 7 months before. I told him to stop taking it and start on his old suger pill. He did, and his shortness of breath went away, and he and I fished all summer. Then at the end of Sept 2004 he call and said he couldn't breath, and he ask me to take him to the hospital. Well he stayed there until he died in April of 2005. One day in Feb, I was setting with him and the nurse came in with his medican. It was a lot of pills. I ask her to name them for me. One of them was avandia. I ask my Father when they put him back on that drug, and he said Sept 2004. The dotor told him to start back taking it. I ask the doctor myself, and he assured me me it wasn't my father's problem that Avandia was safe. Then a few years later, I see the commercial about avandia. I will aways believe it killed my father.
kevanFebruary 27, 2011 at 11:13 pm
iv been avandamet plus for over six years sufferd hert dizzinees liver eyes tia ps live in uk but cant find a lawyer can u pleas help
CherylFebruary 9, 2011 at 6:45 pm
okay when are we going to hear something called my lawyer more than once and telling me judge worker on it but he wanted me to get in contact with loan company to browwer some money now three months I can't get any information on anything woner now just what' s going on have anyone heard anything from any klawyer paper to sign or how much you may be paided please post!!!
cherylJanuary 25, 2011 at 2:24 am
it is now passed the holiday now whats the hold up // have anyone heard from a lawyer can someone tell us something? THEY want you to hurry and sign this paper and that paper it's settle now show me the money,
CarolJanuary 16, 2011 at 8:29 pm
I heard that Avanda and paxil were mixed up in one of thier manufacture plases. I had been taking Paxil for depression and found several changes in my body. I am hypoglycemia and during the time I took Paxil, I had many body changes. I was so breathless, I couldn't even get dresses all at one time. I couldn't even walk my great niece to the park.. I had never had an 02 problem before. I fina[Show More]I heard that Avanda and paxil were mixed up in one of thier manufacture plases. I had been taking Paxil for depression and found several changes in my body. I am hypoglycemia and during the time I took Paxil, I had many body changes. I was so breathless, I couldn't even get dresses all at one time. I couldn't even walk my great niece to the park.. I had never had an 02 problem before. I finally asked that I forget the paxil (due to the weight gain) and go back on to Prozac. I took bothe the paxil and prozac at night as they both made me sleepy. While on the Paxil, when I woke upin the morning I was starved to death and rushed to get something to eat. The day I started back on the Prozac, it felt that a switch had been turned off in my brain the very next day. Over the next several months, I lost the 30 lbsI. If I had gotten the Avandia in place of the Paxil, would that have messed up my hypoglycemia and caused me to gain all that weight?? Is there any place I can go to see if I have a lawsuit?
IrisDecember 6, 2010 at 8:23 am
My mother also passed away due to taking this awful medication in 2005. My heart goes out to everyone that has suffered or lost a loved one due to these drugs. I know that justice will prevail and they are in a better place.
JasonNovember 1, 2010 at 3:08 pm
My father dropped dean cutting the grass in the summer of, 2008 He took Avandia for his Type 2 Diabetes. I just found out about the class action lawsuit from a TV ad. Is there anyway the 2-year statute of limitations can be cvhallenged for wrongful death? He was only 58 years old.
dianneOctober 9, 2010 at 10:25 pm
i started taking avandamet since 2005 until 2008, and 2009 i started feeling tired alot,i thought it was because of work,i had a heart attack in april ,and in october 2009 i had five by-pass surgery,what should i do?
Motherless ChildOctober 2, 2010 at 4:19 am
Mom was 62 yrs. young and had been taken Avandia since 1999. She begin having a series of strokes followed by a heart attack in 2006 than dianoised with heart diease on her death bed. I'm so angry because mom was faithful with going to her Physician every six months and was sent home each time with a clean bill of health. Mom died in 2006 of Heart Disease. We miss you so much mom...Please come bac[Show More]Mom was 62 yrs. young and had been taken Avandia since 1999. She begin having a series of strokes followed by a heart attack in 2006 than dianoised with heart diease on her death bed. I'm so angry because mom was faithful with going to her Physician every six months and was sent home each time with a clean bill of health. Mom died in 2006 of Heart Disease. We miss you so much mom...Please come back!
zoraidaAugust 24, 2010 at 7:27 pm
i took avandia and avandamet for a few years before august 2000. but about 4 to 5 moth before 29;2000 i was tired all the time i could not walk or go down stairs without pousing and get a breth of air .on aug. of 2000 i had a few test done . the dr. order a stress test ,in wich i almos collaps and i was sent to the hospital .these was on the 28th of aug. and on the 29th of aug. 2000 i had a 5 by [Show More]i took avandia and avandamet for a few years before august 2000. but about 4 to 5 moth before 29;2000 i was tired all the time i could not walk or go down stairs without pousing and get a breth of air .on aug. of 2000 i had a few test done . the dr. order a stress test ,in wich i almos collaps and i was sent to the hospital .these was on the 28th of aug. and on the 29th of aug. 2000 i had a 5 by pass. a dr. by the name dr.asher a columbia university teacher save my life.
GaryAugust 3, 2010 at 1:04 am
Hi, Avandia killed my father! I only wish it were as obvious in 05 when he passed as it is now with all the media attention. His doctor shuffled some of his meds around and included Avandia into the mix for his type 2 diabetes, he died from a heart attack less than 6 months later. This drug company stole something from me that cannot be replaced! Miss you dad!
GuyMay 3, 2010 at 3:44 pm
We found pill bottles of Avandamet dated '04 which my mother took until her brain stem stroke in '05. The result of the stroke was not being able to swallow, talk be mobile. Her doctor said we may as well put her in a home as she will probably choke to death shortly. With the insertion of a feeding tube and with homeopathic remedies, my wife and I were able to partially restore her life, at [Show More]We found pill bottles of Avandamet dated '04 which my mother took until her brain stem stroke in '05. The result of the stroke was not being able to swallow, talk be mobile. Her doctor said we may as well put her in a home as she will probably choke to death shortly. With the insertion of a feeding tube and with homeopathic remedies, my wife and I were able to partially restore her life, at least she can now swallow and talk again but is permanently confined to a wheelchair. Prior to having her stroke she had diarrhea daily along with severe heartburn. Until we recently saw an ad on tv, we were unaware of the side affects. My mother was physically active until her stroke but because she and my father lived by themselves, her siblings had no clue as to her medications.
MajdiApril 9, 2010 at 7:37 am
I have started to take Avandamet 2mg/1000mg twice daily since June 2009, I have stopped taking the drug two weeks ago when I heard from one of my staff at work that the drug has been recalled in the US. Since I started to take Avandamet the following injuries have occurred to me: (1) My vision went 1 grade lower, I used to wear reading glasses with power +1, now I use power +2, and this was not b[Show More]I have started to take Avandamet 2mg/1000mg twice daily since June 2009, I have stopped taking the drug two weeks ago when I heard from one of my staff at work that the drug has been recalled in the US. Since I started to take Avandamet the following injuries have occurred to me: (1) My vision went 1 grade lower, I used to wear reading glasses with power +1, now I use power +2, and this was not because of the diabetes, my average reading for the last six months was very normal, it was caused by the drug (2) Since I started Avandamet a growing but consistent pain in my left chest area under the left nipple area was very apparent especially during my sleep ( I Usually sleep sideways on my left arm) and even during the day, since I stopped Avandamet this pain is a little less now, I need to go for a cardiac check (3) Another side effect of Avandamet is that it causes constant loose stool, so I had to go to the men's room more than once a day and my stool was usually loose almost like diarrhea (4) Other symptoms included insomnia and increased anxiety and anger, since I stopped the drug this has decreased in just two weeks from suspension of taking the drug Avandamet, amazing (5) The worst symptom of the drug specially that I am 47 and newly married is that the drug has caused significant loss of power in my sexual drive and ability to make love to my wife, after only two weeks from stopping the drug, now I can feel some life again in my gentiles and its getting better every day, I have had just recently some gentile erections that lasted for more than 10 minutes , before it was not there at all, I know now I can have sex with my wife , it’s a great feeling… Dear readers Avandamet is a very dangerous drug, it’s very depressing to know that some giant drug manufacturer is lobbying politicians in the US not to ban the drug, this is typical in the US, these men don’t care about our health , they only care about how large their wallets are, I urge you all not to use it and yes I encourage all of you to take legal action in the US and elsewhere against the manufacturer
jerryMarch 16, 2010 at 2:55 pm
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
jannMarch 5, 2010 at 6:19 am
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[Show More]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".
LINDAFebruary 23, 2010 at 5:29 pm
I took Avandamet for some time and ending up having Respitorary Arrestt and then Cardiac Arrest. Was hospitalized for 6 days in CICU.
MaureenFebruary 23, 2010 at 5:03 pm
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 t[Show More]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?
KimFebruary 20, 2010 at 1:22 pm
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 eme[Show More]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?
AutherJanuary 21, 2010 at 4:04 am
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 cont[Show More]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..