In an interesting read in the Guardian recently we look at drug giant GSK and the position on their controversial diabetes drug Avandia.
Although the US Government have applied enough pressure to extract settlements for US residents GlaxoSmithKline are able to resist claims in the UK at present due to the difficulties faced by Claimants bringing claims of this nature in our courts. They are in part relying on the costs to individuals being a significant barrier to claims being pursued to completion. The UK government body that regulates medication advised withdrawal of Avandia and associated medications with the substitution of a suitable alternative when a 2010 European investigation was concluded but that does not under english law establish a claim for those prescribed it. Each case will need to be investigated and evidence obtained to support it.
It appears the other major factor in GSK not engaging with UK claimants is that we are not aware of any similar concealment of information occurring in Europe as was the case in the US.
It will be interesting to see how the litigation here develops.