Product Liability

Make Sure that You File Your Avandia Claims Lawsuit on Time

Posted by on Oct 15, 2013 in Lawsuits, Pharmaceutical Drugs, Product Liability | 2 comments

The introduction of the oral drug Avandia or Rosiglitazone was welcomed by doctors as it served as a great alternative to patients who, for medical reasons, could not take Actos or any other drugs for Type II diabetes. Rosiglitazone was either manufactured alone or was combined with other drugs to form a new medication; such is the case with Avandamet (Rosiglitazone combined with metformin) and Avandaryl (combination of Rosiglitazone and glimepiride).

Avandia can be prescribed alone or with another diabetes medicine and is usually taken with proper diet and exercise. It is, however, not intended for type 1 diabetics due to their system’s inability to produce enough insulin or total failure to produce insulin.

Avandia was manufactured by the UK pharmaceutical company SmithKlineBeecham Corporation and approved for distribution by the US Food and Drug Administration in May 1999. SmithKlineBeecham Corporation is now registered under the name GlaxoSmithKline after its merger with another UK firm, Glaxo Wellcome, in January 2000. The merger resulted to the formation of world’s largest drug company.

After becoming Glaxo’s second most-bought product and after being prescribed to more than six million patients worldwide, Avandia’s sale dropped following a public warning by the FDA which said that the drug increased the possibility of congestive heart failure and fatal heart attack in patients. It was even issued a block box warning, FDA’s most serious warning on a drug due to its life-threatening effects.

Different studies made on the drug, however, showed conflicting results; this means that while many did suffer from heart ailments, some others did not. Thus, despite the black box warning, the FDA decided not to recall the drug; it required further studies about Avandia, however.

The many cases of heart ailments and deaths where Avandia is named to be the cause, plus Glaxo’s failure to include on the drug’s label its risks to health are enough to render the firm negligent of its responsibilities towards millions of patients. This means patients can run after Glaxo for compensation. But, according to the National Injury Law Center, patients ought to know that there is a statutory deadline for filing claims; missing this deadline will outrighlty disqualify them from making any claims.

The National Injury Law Center has been, and continues to be, a dedicated defender of patients’ rights. It has a website where patients’ questions about drugs’ adverse effects and medical errors are clearly answered and patients’ legal options are provided. Know if you are qualified to file a lawsuit claim, but make sure you file it on time, otherwise, you lose this right totally.

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Causes of Wrongful Death

Posted by on Feb 13, 2013 in Car Accidents, Medical Malpractice, Product Liability, Wrongful Death | 1 comment

Wrongful death is the accidental result of a person’s negligence, carelessness, or recklessness. The death of a person becomes a civil case when there was no intent or premeditation on the part of the actor to cause death but which still happened because of that person’s action or lack thereof.

There are many ways in which a wrongful death can happen. It could be due to a car accident, medical error, surgical mistake, adverse reactions to medication, defective products, attacks by a pet, plant explosions, or workplace accidents. In some cases, a death may result even when there had been no negligence but in most cases, it was due to the action of another person, especially in instances involving:

  • Car accidents – includes driving under the influence (DUI), distracted driving, cell phone use, fatigue, speeding, tailgating, swerving, road rage
  • Medical malpractice – this is an area rich in wrongful death cases. It can be due to misdiagnosis, late diagnosis, prescription error, inebriation, etc.
  • Product defects – a manufacturer, distributor, or retailer may be held liable by a wrongful death lawyer if the use of a product that did not work as it should have leads to death. It could be through contamination, mislabeling, malfunction, breakage, mechanical failure.

Since in a wrongful death, the victim is not capable of making a claim, it has to be done by a spouse, parents, or children, including adoptive parents and children or separated or divorced spouse. Step-parents and step-siblings, however, may not make a wrongful death claim. Insurance companies may also take legal action against the person who caused the death of their insured party, leaving them no choice but to honor the provisions of a life insurance policy.

Proving negligence in a wrongful death claim can be a complicated process that could overwhelm an inexperienced lawyer. Find one who has a proven track record in wrongful death cases and who is willing to take on the case on a contingency fee basis if there is no money for litigation.

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