STORY FROM: Drugs & Medical Devices

Avandia Injury Action Time-Barred Under Mich. Law, Pa. Federal Judge Rules

PHILADELPHIA — A Pennsylvania federal judge has awarded GlaxoSmithKline summary judgment in an Avandia action, ruling that the claims are barred by Michigan’s three-year statute of limitations, which began to run in 2007 when the plaintiff was aware that the diabetes drug may have caused his injury.

On Nov. 4, Judge Cynthia Rufe of the U.S. District Court for the Eastern District of Pennsylvania further held that GSK was not estopped from asserting an affirmative defense based upon the statute of limitations because the plaintiff failed to show that the drug maker defrauded or deceived him.

Michigan resident Elias Poksanf ...

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