The Avelox lawsuit is one of the first cases of its kind. Plaintiffs’ attorneys, Michael J. Sapp of Salt Lake City and Wendy Kopp, of San Francisco, claim Avelox supplied the company with the approved ingredients that caused nerve damage, leading to permanent numbness and poor coordination. They are seeking compensatory and rehabilitation medical costs they say are resulting from the Avelox injuries. Avelox has counters saying it does not manufacture drugs that cause neuropathy. It also says it never had plans to manufacture such a drug.
Avelox Lawsuit Lawsuits
In deciding on the case, the courts may look at what Avelox called “a set of circumstances.” Such circumstances were the FDA’s approval of Avelox, followed by the plaintiffs’ denial of liability for negligence. Also, the court may look at what standard of care was used in Avelox’s case. Based on these factors, the courts could decide to award compensatory damages, punitive damages, or both. That means if you win the lawsuit, you may be able to get compensation for lost wages, pain and suffering, medical bills, Avelox injury attorney fees, etc.
In deciding on the outcome of the case, the courts take into account what actual evidence was available to the company.
In the Avelox lawsuit, the company’s expert, Dr. William Sprouse, opined that the manufacturer did not intentionally create a defective drug. He stated that the FDA allowed Avelox use due to the fact that there were no clearly defined instructions as to how to use the drugs and that they did not pose a substantial health risk. The court found no evidence that the drugs caused Aortic aneurysm or permanent muscle and joint damage. Nevertheless, the plaintiffs still sought financial compensation for pain and suffering, because their attorneys believed that Sprouse’s testimony was unreliable and that the company was guilty of negligence in producing drugs causing Aortic dissection.
It was found that the main ingredient in the Avelox was Moxifloxacin, which is also known by its trade name, Methylxanthines.
Moxifloxacin is an anti-inflammatory agent and is commonly used to treat such ailments as allergies, ulcers, skin infections, bleeding and stomach disorders. The FDA has stated that it has never approved the drug to treat such severe side effects such as those listed above. Despite this, the FDA has allowed the drug to be sold and the manufacturer to introduce it into the United States.
Avelox attorneys and their potential witnesses testified that they did not feel that the drug was responsible for the severe peripheral neuropathy injuries experienced by their client, yet Avelox failed to warn their clients of the possible side effects.
Another issue in this case was that one of the main ingredients in Avelox is Moxifloxacin, which has been proven to be harmful to pregnant women and young children. When mixed with other ingredients, such as steroids, it is a very potent combination that can lead to severe adverse affects. Due to these facts, the drug was banned in the United States as well as Canada. While this action may result in Avelox lawsuit plaintiffs having their day in court, the legal process is much more complicated due to the fact that there is currently a pending litigation regarding the validity of the Avelox product liability lawsuit filed against GlaxoSmithKline.
The parties are scheduled to appear in court on April 7th, where a date will be set for a status conference.
The parties cannot however agree on a date for the trial, nor can they reach a settlement prior to going to court. If no settlement is reached, a jury trial will then be scheduled for June. GlaxoSmithKline, the manufacturer of Avelox, is currently facing a class-action lawsuit regarding their use of fluoroquinolone in their treatment plans. This substance was determined to be potentially harmful to patients with neuropathy who were taking these medications, despite Avelox warnings against the use of the medication in the ‘prescribing information’ provided to patients. Avelox lawsuits and Avelox toxicity have been cited as reasons for the recent rise in these lawsuits across the country.
