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Avandia Litigation Judge Refuses Motion to Dismiss

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U.S District Judge Cynthia M. Rufe denied a motion to dismiss 60 lawsuits filed against GlaxoSmithKline alleging the diabetes drug Avandia caused users to suffer heart injury.

GSK had argued that statute of limitations should have started when a study was released that linked Avandia to increased risk of heart failure and heart attack. The study was released in 2007.

Judge Rufe used Pennsylvania law for her decision, which under the rules of discovery state that the statute of limitation should not begin until the plaintiffs knew or should reasonably have knowledge of the cause of their injury.

According to their lawsuits, plaintiffs did not know about the connection between Avandia and the injuries until the summer of 2010, when they first saw information about the increased risk of Avandia and heart problems. GSK said the plaintiffs should have known by 2007, when the  media first gave attention to the association between Avandia and heart injury.

Judge Rufe said “There is certainly a point at which a reasonable person was on notice to investigate the possibility of a connection between an injury and use of Avandia, but the Court cannot, on the present record, determine that point to be May 21, 2007.”

Though GSK has settled with many plaintiffs regarding the increased risk of heart injury when taking Avandia, there are still thousands of lawsuits pending.

breakinglawsuitnews.com disclaimer: This article: Avandia Litigation Judge Refuses Motion to Dismiss was posted on Wednesday, September 21st, 2011 at 6:45 pm at breakinglawsuitnews.com and is filed under Defective Drug Lawsuits.

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