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GlaxoSmithKline Loses Court Appeal over Avandia

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The U.S. Court of Appeals for the Third Circuit Court in Philadelphia has decided that Humana insurance company can sue GSK over Avandia in an effort to recoop monies paid for Medicare patients who used the diabetes drug, which was removed from market after studies showed it caused cardiac problems.

The Appeals court ruling could have far-ranging and costly effects on drug manufacturers whose goods are investigated, recalled, and involved in lawsuits, especially if Humana wins its case, which will give insurance companies the ability to join the government, states, and individuals in litigation and awards.

Inquirer staff writer David Sell reports that GSK has already agreed to pay the Justice Department $3 billion to settle off-label marketing charges for Avandia and several other drugs. Also, Sell reports that Humana previously said that GSK paid out $460 million to patients who filed lawsuits against the company for Avandia side effects, though most lawsuits are still pending in multidistrict litigation centralized in Philadelphia.

Humana has not commented on the Appeals Court ruling, while GSK spokesperson Bernadette L. King said in an email that “GlaxoSmithKline respectfully disagrees with the court’s decision, and we are reviewing our options.” disclaimer: This article: GlaxoSmithKline Loses Court Appeal over Avandia was posted on Friday, June 29th, 2012 at 8:11 pm at and is filed under Defective Drug Lawsuits.

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