Panola County resident sues GSK over Avandia

Michelle Massey, East Texas Bureau Nov. 18, 2010, 4:11am

MARSHALL-A Panola County resident is suing the manufacturers of the drug Avandia, alleging the drug caused him physical and mental injuries.

Terry Roberts, individually and as agent and attorney in fact for Osfra Dean Roberts, filed suit against GlaxoSmithKline on Nov. 8 in the Eastern District of Texas, Marshall Division.

Roberts was diagnosed with a heart attack after being prescribed Avandia. According to the allegations, the drug Avandia can cause heart injury, excessive fluid retention, fluid-overload disease, liver damage, liver failure and severe injury to the heart leading to cardiac arrest and death.

The manufacturer of the drug is accused of knowing the drug could cause serious adverse health effects but not adequately warning of the risks associated with the drug's use.

The plaintiff argues the risks associated with the drug far outweighed the drug's benefits, the defendant failed to provide adequate warnings, the product was defectively designed and unreasonably dangerous and the drug failed to comply with express warranties.

Causes of action filed against GSK include products liability, strict product liability, negligence, fraud and misrepresentation.

The plaintiff is seeking damages for physical and medical injuries, disability, severe pain and suffering, mental anguish, loss of enjoyment of life, increased risk of health problems, loss of past and future income, medical expenses, court costs and interest.

Roberts is represented by Houston attorney Dwight E. Jefferson.

Jury trial is requested.

U.S. District Judge David Folsom is assigned to the case.

Case No. 2:10-cv-00468

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