Lawsuit alleges Avandia caused heart failure

Michelle Massey Aug. 3, 2010, 5:48am

A Louisiana resident has filed a lawsuit against the manufacturer of the diabetic drug Avandia for not warning him or his doctor about an increased risk of cardiovascular problems. The patient says he suffered heart failure more than ten years after his initial digestion of the drug.

Dwight Thomas Terrell filed suit against Smithkline Beecham Corp. doing business as Glaxosmithkline July 20 in federal court in New Orleans.

Terrell says he was initially prescribed Avandia by his primary care physician approximately 10 years ago. He suffered a myocardial infarction and/or heart attack in the summer of 2009.

"The Avandia ingested by Mr. Terrell was defective in that it exposed him to the increased risk of suffering a heart attack. As a result of using said Avandia, Mr. Terrell suffered injuries as a direct and proximate result of his ingestion of Avandia," the complaint reads.

Terrell argues the defendant had a significant financial incentive to "suppress, misrepresent and/or conceal any potential dangers or risks" associated with the drug.

Causes of action filed against the defendant include negligence, strict liability, and breach of implied and express warranty.

Terrell is seeking more than $75,000 in damages for medical expenses, lost wages, compensatory and punitive damages.

New Orleans attorney Dan Robin of Finckbeine and Robin is representing Terrell. A jury trial is requested.

U.S. District Judge Carl J. Barbier is assigned to the case.

Case No. 2:10cv02016

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