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SmithKline to `Vigorously' Defend Itself Against Class Action, Mealey Publications Reports
KING OF PRUSSIA, Pa., Dec. 23 /PRNewswire/ -- Responding to a Lyme disease
vaccine class action brought against it last week, SmithKline Beecham
(NYSE: SBH) Spokesman Brian Jones said none of the theories used as the basis
for allegations in the lawsuit is new to SmithKline, the medical community or
the FDA.
News of the class action filed in West Chester, Pa., was first reported by
Mealey Publications' Drug & Medical Device report.
The lawsuit claims the vaccine developed to prevent Lyme disease causes an
incurable form of autoimmune arthritis and, for some, could produce symptoms
far worse than those brought on by the illness.
The complaint, filed in the Chester County Court of Common Pleas, alleges
SmithKline Beecham, manufacturer of LYMErix, failed to warn doctors and the
general public that nearly 30 percent of the population is predisposed to a
degenerative autoimmune syndrome which is triggered by contents of the
inoculation.
According to the class action, SmithKline used high concentrations of a
surface protein called OspA as the foundation for its vaccine. When bitten by
a Lyme-infected parasite, humans are not exposed to OspA protein. The levels
of OspA that enter the blood stream at any phase of the three-dose LYMErix
vaccine, however, place patients classified by genetic type HLA-DR4+ at risk
of developing a condition referred to as "treatment-resistant" Lyme arthritis,
the lawsuit says.
"Once this autoimmune reaction is triggered, it cannot be cured and can
only be treated symptomatically for the remainder of the vaccine recipient's
life," the complaint says.
Jones said the alleged association between the OspA protein and arthritis
had been hypothesized when LYMErix was being developed. However, at the
conclusion of pre-market trials for the vaccine, an independent medical review
board determined there was no link between LYMErix and the development of
autoimmune arthritis, he said.
Jones added that among those who participated in clinical trials for the
vaccine, an equal number of participants were diagnosed as suffering from
autoimmune arthritis in both the vaccine and placebo groups.
And since the vaccine was approved, SmithKline has not been made aware of
any unusual side effects suffered by the more than 1 million Americans who
have been inoculated with LYMErix, Jones said.
"There is simply no evidence of this association," he said. "As such, we
will defend our product vigorously."
The class action includes counts of negligence, unfair trade practices and
a bid for medical monitoring of those who are placed at risk of developing
autoimmune arthritis but have not yet been diagnosed with the condition.
The class action complaint was filed by Stephen A. Sheller and Albert J.
Brooks Jr. of Sheller, Ludwig & Badey in Philadelphia.
Sheller said that in the wake of filing the class action, he expects to
file claims on behalf of people who received the LYMErix vaccine and are now
suffering from the autoimmune arthritis.
Complete coverage of the lawsuit will appear in the Jan. 7 issue of
Mealey's Litigation Report: Drugs & Medical Devices. Information:
1-800-MEALEYS; 610-768-7800 or news@mealeys.com or www.mealeys.com
In addition to drug and medical device issues, Mealey's publishes
litigation newsletters on construction defect litigation; asbestos; attorney
fees; lead paint exposure, cyberlaw and technology insurance; Year 2000 (Y2K)
liability, insurance coverage; bad faith; breast implants; Superfund and
pollution liability; toxic torts; fen-phen and diet drugs; tobacco; insurance
fraud, insurance insolvency; latex, patents and intellectual property; managed
care; expert admissibility (Daubert) and international arbitration.
Information: 1-800-MEALEYS or 610-768-7800.
Mealey's also sponsors continuing legal education (CLE) conferences on
many of these same topics. Upcoming seminars include: Insurance Allocation,
Jan. 13-14 in West Palm Beach, Fla.; Insurance Bad Faith, Jan. 27-28 in
Naples, Fla.; Asbestos Litigation 101: A Practical Introduction, Feb. 28-29 in
Arlington, Va.; Attorney Fees, March 16-17 in Arlington; Fen-Phen Litigation,
March 16-17 in West Palm Beach; Insurance Fraud, March 23-24 in Phoenix and
Lead Paint Litigation, April 3-4 in Amelia Island, Fla. Information:
1-800-MEALEYS; 610-768-7800; seminars@mealeys.com or www.mealeys.com.
SOURCE Mealey Publications, Inc.
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