U.S. District Judge Cynthia M. Rufe, the presiding judge on the federal Avandia litigation cases, denied GlaxoSmithKline’s Statute of Limitations Motion to Dismiss.
GlaxoSmithKline (GSK), the manufacturer of Avandia, filed a Motion to Dismiss over 60 lawsuits, wherein the Plaintiffs allege the drug caused heart problems, arguing that the statute of limitations had expired on these claims. The statute of limitations is the time period in which a claimant must file a lawsuit or the claim is forever barred. The statue of limitations for product liability in Pennsylvania, where these claims are filed, is two years from the time the plaintiff suffered the injury. However discovery rules dictate that the statute of limitations begins running when the plaintiff “knew or reasonably should have known that their injury was caused by the side effects of the medication.”
In these 60 Avandia claims, the plaintiffs’ Complaint allege that the plaintiffs did not know, nor did they have reason to know, about the relation between Avandia and the heart problems until late summer 2010 when the FDA held highly publicized advisory panel meetings to review the potential risks of Avandia.
GSK, on the other hand, alleged that the plaintiffs should have known that the heart problems were caused by the medication in May 2007, when New England Journal of Medicine published a study indicating that Avandia increased the risk of heart attacks by 43%.
Fortunately for the plaintiffs, Judge Rufe disagreed with GSK. Judge Rufe issued an order on September 7 stating, “There is certainly a point at which a reasonable person was on notice to investigate the possibility of a connections between and injury and use of Avandia, but the Court cannot, on the present record, determine that point to be May 21, 2007.” A copy of the Order can be accessed at http://www.paed.uscourts.gov/documents/opinions/11D1015P.pdf.
Therefore, individuals with claims in states with a statute of limitations greater than one year for product liability may still have time to pursue a claim.
Attorney David Ennis recommends that anyone who has taken Avandia and experienced a serious heart condition should seek the opinion of an experienced lawyer to explore their legal rights. Ennis & Ennis P.A. is offering free nationwide confidential consultations for patients who have taken Avandia and suffered a serious heart condition by calling toll free 1-800-856-6405 or by going to http://www.ennislaw.com and completing an online case evaluation form.
Ennis & Ennis, P.A. is a nationwide law firm with offices in Ft. Lauderdale, Miami and Washington D.C. Ennis & Ennis, P.A. concentrates it practice in mass torts and represents individuals against pharmaceutical companies worldwide, as well as medical device makers.
Ennis & Ennis, P.A. has been representing clients individually since 1986 and has recovered over $100 million in settlements for its clients.
Ennis & Ennis, P.A. is also investigating cases involving Accutane, Actos, Fosamax, Paxil, Zoloft, Prozac, Depuy Hip Recall, Zimmer Hip Recall, Depakote, Reglan, SJS/Dilantin, Yaz, Yasmin and Ocella Birth Control Pills and transvaginal mesh devices.
Remember the law limits the time in which you can file a claim, so don't wait to explore your legal rights. Call today toll free 1-800-856-6405 or visit http://www.ennislaw.com.
Friday, September 23, 2011
Avandia MDL Judge Denies Avandia Statute of Limitations Motion to Dismiss