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Avandia® Class Action Lawsuit

• Lawsuit History
• Personal vs. Class Action Lawsuit

Lawsuit History

At the end of May 2007, a lawsuit was filed against GlaxoSmithKline, the maker of Avandia®, alleging the company failed to disclose that the popular drug may significantly boost the risk of heart attack and heart-related death. The suit, which was filed in the U.S. District Court for the District of Puerto Rico, may be the first filed over the drug.

The complaint alleges that Glaxo actively concealed information regarding the risks of using Avandia® and misrepresented the drug as safe for its intended use. As a result, the plaintiffs, as well as their physicians, were unaware of the dangers and could not reasonably have known that they were being exposed to those risks, the complaint states.

The suit, which is seeking class action status, alleges that Glaxo engaged in deceptive acts in order to sell the drug to the public “for at least eight years and continuing to a date within six months prior to the filing of this suit.”

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Personal vs. Class Action Lawsuit

Joining a class action lawsuit as opposed to filing an individual lawsuit has certain advantages and disadvantages.

The benefits of joining a class action lawsuit include:

• A class action strengthens the plaintiffs' ability to negotiate a settlement.
• The costs of litigation are reduced by combining multiple claims.
• Class actions generally produce larger verdicts and settlements.
• The plaintiffs' collective experiences can help prove liability on the part of the defendant.

The disadvantages of joining a class action suit include:

• Class actions generally take longer to resolve than individual lawsuits.
• A class action is usually resolved in such a way that individual differences in the plaintiffs' claims are deemphasized.
• Plaintiffs in class actions usually waive their rights to file individual suits against the defendant.
• Whereas in an individual lawsuit, the plaintiff is the sole recipient of the verdict or settlement, any damages awarded in a class action must be shared among the plaintiffs.

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If you're considering filing a claim against Glaxo, your attorney can help you decide which course of action is in your best interest. For expert legal advice pertaining specifically to your case, please contact the personal injury attorneys at Phillips & Associates.