Avandia Maker Ordered to Produce Documents

Avandia, manufactured by Glaxo, is the subject of multidistrict lititgation for its dangerous side effects which include serious cardiovascular problems. The judge in the MDL, the Honorable Cynthia M. Rufe of the United States District Court for the Eastern District of Pennsylvania, has ordered Glaxo to release dozens of documents that Glaxo had argued were subject to attorney-client privilege. In Judge Rufe’s opinion, she noted ““attorney-client privilege does not shield documents merely because they were transferred or routed through an attorney,” and that “documents prepared by a corporation as part of efforts to ensure compliance with federal regulatory agencies or maintain a positive public image for its products, and not because of possible litigation, are not protected by [the] work-product doctrine.”
In November 2007, Avandia received a black box warning from the FDA concerning Avandia’s connection with myocardial ischemia. A Cleveland Clinic study that same year found Avandia users to be 43% more susceptible to heart attacks. Since that time, thousands of Avandia patients have filed Avandia lawsuits.