MARSHALL - Several Texas residents have filed a lawsuit against the manufacturer of Avandia for failing to warn of the drug's risks and they are asking for a full refund of the drug's purchase price.
Ronald F. Davis Sr., Earl Breaux Jr., Hairm R. Freeman, Alfred Lynn Gildon, Vera Marie Helton, James K. Kinsler, Jerry Lee Kinsler and Kenneth E. Price filed suit against Glaxosmithkline and Smithkline Beecham Corp., doing business as Glaxosmithkline, on Aug. 4 in the Eastern District of Texas, Marshall Division.
Each plaintiff states that they were prescribed Avandia for their type 2 diabetes, but while taking the drug, or shortly after they stopped taking it, they suffered cardiovascular injuries.
According to the lawsuit, Avandia is a defective product because it put the patients at too high a risk for suffering heart attacks, myocardial ischemia and other cardiovascular injuries.
The defendant is accused of negligence, of negligence per se, strict liability, breach of express warranty, breach of implied warranty, fraud, fraud by nondisclosure, unjust enrichment, violation of Deceptive Trade Practices Act and gross negligence.
The plaintiffs are seeking damages for physical pain, mental suffering, physical impairment, medical expenses, future medical monitoring, loss of earning capacity, pecuniary loss, interest, full refund of all purchase costs, attorney's fees, expenses and costs and exemplary damages.
The plaintiffs are represented by D. Scott Carlile and Casey Q. Carlile of The Carlile Law Firm in Marshall. A jury trial is requested.
U.S. District Judge David Folsom is assigned to the case.
Case No. 2:11-cv-00348