TEXARKANA, Ark. – An Arkansas man with diabetes but an otherwise clean bill of health claims his diabetes medication Avandia caused him to suffer a heart attack.
Kenneth L. Bryan, 58, filed a personal injury lawsuit against GlaxosmithKline on Nov. 18 in the Texarkana Division of the Western District of Arkansas.
Bryan states that around the same time he was given a clean bill of health in December 2003, he began taking the prescription drug Avandia.
Two years later, in December 2005, Bryan had a heart attack that he believes was related to the drug. Since his heart attack, he has been taken off of Avandia, endured four bi-pass surgeries, multiple angioplasties and stints.
The plaintiff alleges that the drug was not fit for the purpose for which it was intended and that it was in a defective condition which rendered it unreasonably dangerous.
Bryan argues that "Glaxo's known risk of potential life threatening side effects caused by Avandia created an inherently dangerous risk with the use of Avandia."
The plaintiff believes the defendant breached the implied warranty of fitness and directly caused his injuries.
The plaintiff is seeking more than $75,000 in damages for medical expenses, loss of earnings, loss of earning capacity, pain and suffering, post-judgment interest and attorney's fees.
Texarkana attorney Fredye Long Alford of the Alford Law Firm is representing the plaintiff.
U.S. District Judge Harry F. Barnes will preside over litigation.
Jury trial requested.
Case No 09CV4125