Actually I am not. I would rather not disclose the particular drug at this time. Please don't think bad of this as I am not really able to disclose very much information at this time. I can try and give you a bit more concise information thought that I hope will allow you to opine on my question. The Pharma's NDA contained 44-instances of intentional fraud that was deliberately employed for no other reason than to demonstrate a fabricated safer drug profile for its drug knowing that the FDA would never have approved the drug had it not used this gross amount of fraudulent "positive" data in place of the true data. The FDA has acted on parts of this data by having it deleted from publicized data like in the product sheet for the drug. However, other safety and efficacy profiles for this drug still exist in the product sheet today without the knowledge of the FDA. The FDA is and was at the time of the NDA unaware of this fraudulent data being so grossly used by the Pharma. There has been countless 10's of thousands of injured victims from their use of this drug ever since the drug obtained approval in 1997 and to date. Please give me a specific question you need answered in order to opine on this issue. I am just trying to understand if there is any type action available to all of these unassuming victims of the past that would not fall under a SOL barring them from being plaintiffs and seeking the just consideration they need and deserve under this scenario.
You are writing as someone with intimate knowledge of the situation; perhaps, a former researcher. Have you contacted FDA and reported this fraud? If this drug is destructive, then FDA must be alerted so that FDA can take action in recalling this dangerous drug. As for litigation for unsuspecting victims, the only way exposed individuals would be able to know is if the information that you have regarding the fraud is exposed, or if FDA recalls the drug because of the fraud. The product liability Attorneys would get to work in figuring out the causes of action to sue the “Pharma” under. This is obviously a class action case waiting to happen. However, if no one knows of the fraud, then it would be difficult to start a class action case for damages done by the drug to the consumers who unwittingly used the drug. In any event, unless consumers have been adversely affected by the drug, they cannot be included as part of the class action suit, they would not have cause of action.
So, all victims would have to be injured by the drug to join any litigation. Now, what about the SOL? Could all injured victims, under these or any other circumstances that you are aware and regardless of the age of their injuries, join in the class action? Or would they be barred by the 2-yr SOL here in Texas, i.e., only those injured looking back 2-yr's from today could join the class? I am just trying to learn if there is, under any condition, a legal maneuver that can help all of these victims, not just a few that happen to fall in a very narrow class of injured victims that have occurred over the past 2-yrs and let the Pharma off the hook for all the rest to suffer and in some cases die.
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