Advair Lawsuit

A brief guide to filing an Advair lawsuit

Patients with asthma or chronic obstructive pulmonary disorders such as bronchitis may be prescribed Advair. Treatment with this medication; however, carries documented risks of serious Advair side effects. A recent Advair lawsuit filed by the Justice Department against manufacturer GlaxoSmithKline resulted in a major settlement. Such litigation may give rise to more patients pursuing an Advair lawsuit.

Under the terms of the $686 million settlement obtained by the Justice Department, all charges concerning the improper marketing of Advair medication were made public. The Advair lawsuit stated that from the beginning of 2001 up to the end of June 30 2009, GlaxoSmithKline aggressively encouraged prescriptions of the drug for off-label prescriptions. In encouraging physicians to prescribe an Advair dosage improperly, such as for mild asthma, the manufacturer paid for vaccinations and committed other illegal actions to boost sales. The Advair lawsuit further alleged that these useless prescriptions defrauded federal medical programs including Medicare and Medicaid.

The results of this litigation did not concern Advair side effects. However, by establishing that patients who were issued an Advair dosage may have had it prescribed for an unapproved purpose, the opportunity to file suit over adverse effects has increased. An Advair lawsuit can be filed by a patient who was prescribed the drug before similar medications were tested. In this settlement, the Justice Department also noted that the company constructed and promulgated false statements concerning Advair side effects and safety.

Advair: FDA Warnings

In 2003, the FDA ordered that a new warning be placed on the prescription label for every Advair dosage. This so-called "black box warning" cautions that in rare cases, fatal asthma attacks may occur. This decision was made after a study--conducted on a drug that also contains salmeterol, Serevant--found that 13 people out of the test group suffered fatal asthma attacks as compared to three from the nearly identically-sized placebo control group. No successful Advair lawsuit seeking damages from relatives or spouses of those who died from such an incident has been publicly noted.

Despite evidence of recent manufacturer misconduct, Advair side effects are otherwise not especially common in patients. Physicians who prescribe an Advair dosage as a primary form of asthma control may have been guilty of malpractice. Physicians should be aware that Advair side effects for pediatric patients could include stunted growth. Young children should be monitored for such a response to an Advair dosage.

Small risks exist for Advair side effects such as osteoporosis or hypertension. Physicians must monitor a patient's response to medication accordingly. If you experienced adverse effects as the result of an improper prescription, consult with an attorney to see if you have grounds for an Advair lawsuit. The manufacturer can be sued for improperly promoting the prescription of your Advair dosage, leading to an adverse effect. An attorney will need copies of a physician's documentation of severe Advair side effects. For a detailed list of Advair side effects, please take note of the following section:

Common Advair Side Effects:

• Upper respiratory tract infections (found in 27 percent of people)

• Headaches (up to 21 percent)

• Sore Throat (found in 13 percent of patients)

• Coughing (found in 6 percent of patients

• Nausea and vomiting (6 percent)

Rare Side Effects of Advair Include (occurring in 3 to 5% of patients)

• Diarrhea

• Fever

• Menstrual problems

• Muscle or bone pain

• Hoarseness or voice changes

• Abdominal pain

• Muscle spasms or cramps

Sources:

1. http://asthma.emedtv.com/advair/advair-side-effects.html

2. http://www.fda.gov/Drugs/DrugSafety/PostmarketDrugSafetyInformationforPatientsandProviders/ucm162675.htm

3. http://online.wsj.com/article/SB10001424052702303684004577509001921351654.html

4. http://us.gsk.com/html/media-news/settlement-press-kit.html