Man Files Petition over Avandia Wrongful Death Settlement

Clinton White, Rosella White’s husband, filed a petition for approval of the wrongful death settlement February 26th, as administrator of her estate in Mingo Circuit Court against GlaxoSmithKline LLC (GSK).

White claims his wife was taking the drug Avandia, manufactured by the defendant, GSK. The claim states the negligence of the defendant resulted in Rosella White’s untimely death.

According to documents, White and his attorney negotiated a confidential agreement with the defendant for the settlement of the wrongful death claim filed.

The proposed settlement states that the defendant will pay White a sum of $62,160 to release the defendant from any claims arising from Rosella White’s wrongful death on July 1, 2008.

The plaintiff is seeking the court’s approval of the settlement and disbursement of the monies, as well as any other relief the court deems just and proper.

Avandia is an oral prescription drug approved to lower blood glucose in people with type II diabetes. After concerns were raised in 2007 that Avandia increased the risk of heart attacks, the U.S. Food and Drug Administration restricted its use.

As we reported many months ago, in July, GSK reached an agreement with the attorneys general of seven states to pay $229 million to resolve lawsuits relating to the development and marketing of the diabetes drug, Avandia, along with a lawsuit by the Louisiana attorney general relating to other GSK products.

GSK disclosed the settlement in a Form 6-K filed with the U.S. Securities and Exchange Commission.

In addition to Louisiana, the settling states were Kentucky, Mississippi, Maryland, South Carolina, New Mexico, West Virginia and Utah.

Thousands of personal injury lawsuits were filed in federal and state courts, but the majority was resolved in 2011 before trial when GSK took a $2.6 billion charge against earnings for litigation involving Avandia and Paxil. Later, the company announced it had taken a $3.4 billion charge.

In July 2012, GSK paid $3 billion to the federal government to settle allegations involving Avandia and other drugs contained in a whistle-blower lawsuit. In December, it agreed to pay $9 million to 38 states to settle their Avandia lawsuits.

For more information, contact one of our Gacovino Lake attorneys at 800-246-HURT (4878).

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