Gilmer family files wrongful death lawsuit against maker of Avandia

Michelle Massey, East Texas Bureau Apr. 26, 2011, 4:28am

MARSHALL - A year after a Gilmer resident died while taking the diabetic drug Avandia, his family has filed a wrongful death lawsuit against the drug's manufacturer.

Jason Mark Knight, Janice East and Janet Knight, individually and as independent administrator of the estate of James Michael Knight, deceased, filed suit against Smithkline Beecham Corp., Glaxosmithkline and Smithkline Beecham Corp. doing business as Glaxosmithkline on April 13 in the Eastern District of Texas, Marshall Division.

According to the complaint, James Knight began taking Avandia in April 2005 and suffered a fatal heart attack on April 13, 2009.

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 defendant is also accused of negligence and strict products liability for failing to adequately and properly test and inspect Avandia, failing to use a reasonably safe design, failing to manufacture the drug in a safe condition, and failing to properly label the drug.

The plaintiffs are seeking wrongful death damages, survivor damages and exemplary damages.

The plaintiffs are represented by M. Raymond Hatcher and Alan J. Robertson of Sloan, Bagley, Hatcher & Perry Law Firm in Longview and David B. Griffith of Griffith & Smoak in Gilmer.

U.S. District Judge T. John Ward is assigned to the case.

Case No. 2:11-cv-00215

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