Every Illinois drug recall lawyer at our firm has been closely following the developments around the partial recall of Avandia-a once popular diabetes drug. Through the years our Illinois injury attorneys have come to appreciate the serious risks presented to local residents who unknowingly take drugs which cause them serious harm. When that happens it is vital for those responsible for the lapses which allowed patients to receive the dangerous drugs to be held accountable for their conduct and for victims to be compensated for the losses.
There are often various levels of accountability for these types of problems-federal action and individual client lawsuits. For example, in the Avandia recall case, a settlement was tentatively reached this week between the company which made the drug and the federal government. The federal lawsuit that was filed stemmed from apparently illegal marketing of the drug for uses that were not safe nor approved by the U.S. Food and Drug Administration. The U.S. Department of Justice had filed charges against the drug’s maker, GlaxoSmithKline, for “off-label marketing.” The investigation began in 2004, but it was only this week that news of an apparent settlement spread, perhaps for as much as $3 billion.
However, our Chicago medical malpractice attorneys know that this potential federal government settlement does not abdicate the company from potential liability from individual community members who were hurt by their taking of the drug. The drug was first made available to consumers about thirteen years ago to help patients control their blood sugar levels and treat type 2 diabetes. The drug was wildly popular for nearly ten years. However, that all changed in 2007 when the New England Journal of Medicine published an article which pointed toward potential heart risks presented by Avandia. The initial response to the report was to add a “black box” warning to the drug, but many continued to call for a complete Avandia recall because the risks were far too high for the benefits to warrant continued use of the medication.
However, the U.S. FDA decided to issue only a partial recall of the product. Specifically, the drug will still available, but there will be severe restrictions on who can obtain the drugs. For example, the drug is no longer available through retail, and instead can only be obtained by mail or through certain pharmacies. Only certified pharmacies participating in the Avandia-Rosiglitazone Medicine Access Program will be able to provide consumers with the drug.
Many consumers who have taken the drug have since filed suit against the drug maker. Among many allegations, these victims claim that the company knew about the potential risks of the drug but failed to adequately warn unsuspecting consumers. Virtually all medical patients rely upon their medical professionals and drug manufacturers to ensure that the prescriptions they are taking are safe. When individuals in our area are subsequently harmed by these products, victims are free to file an Illinois Avandia lawsuit to receive compensation for their losses. If you believe you may have been harmed by this product, make sure to visit with a legal professional in the area to receive the guidance you need.
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