Friday, July 26, 2013

Should You Consider Victoza Legal Action?

Do I Have a Victoza Lawsuit?
If you are one of the thousands of people who have been harmed by taking the Type 2 diabetes drug, Victoza, you may be wondering about whether you should file a Victoza lawsuit. Victoza was approved in 2010, yet only a few months after gaining approval Victoza patients began notifying the FDA about adverse symptoms experienced after starting the drug. At the time Victoza was being considered for FDA approval two FDA pharmacologists and one FDA clinical safety reviewer believed the drug should not be approved until further safety studies had been conducted.

Although the FDA still approved the drug, the three who opposed the drug released a statement saying “The approval was a huge blow to the health and safety of diabetics in this country.” It stands to reason that if members of the FDA were not completely sold on the safety of Victoza, Novo had some indication there could be negative health effects among those taking the drug, therefore those who have been harmed by the drug may be entitled to recover medical expenses, lost wages and pain and suffering.

If you believe you may have a Victoza lawsuit, it is in your best interests to speak to an experienced Victoza attorney who can assess your case and determine the best way to proceed. Obviously those who have suffered more harm—such as the development of pancreatic cancer—will be entitled to a larger settlement, however until you speak to an attorney you will not have the full picture.

Will There Be Victoza Potential Class Action Suits?
There are currently no Victoza class action suits filed, and before joining in such a class action suit potential plaintiffs should obtain good legal advice. Those who join a class action suit will receive the same amount of settlement—should there be a settlement—as every other member of the class. This means that those who have suffered significantly more harm would still receive the same amount of money as those who have suffered much less harm in the event of a settlement.

What about a Victoza Possible MDL?
An MDL, or multi-district litigation is significantly different from a class action lawsuit in that it takes place in federal court and occurs when the safety of a drug comes into question. Once a significant number of lawsuits have been filed, the plaintiff’s attorney or the manufacturer of the drug can ask for an MDL proceeding to be initiated. Plaintiff in an MDL may apply for compensation based on the individual merits of their case. While the claimants may either accept or reject the award, should they accept it, the manufacturer will be released from further liability.

If there is no settlement in an MDL, all the individual cases which were not resolved will be transferred back to the court they were originally filed in and tried before a jury. Although no MDLs have yet to be filed it is expected there will be both MDLs and individual lawsuits filed in state courts, particularly if a recall is issued for Victoza.

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