Many users of testosterone replacement therapy drugs, medications and treatments have filed federal lawsuits across the United States against pharmaceutical manufacturers. These lawsuits seek damages for injuries including heart attack, stroke, blood clot, pulmonary embolism, deep vein thrombosis (DVT), and death. Many of the complaints allege that testosterone replacement therapy product manufacturers:
- Failed to adequately research the risk of stroke or heart attack from testosterone therapy, especially among men with pre-existing cardiovascular conditions
- Recklessly and aggressively marketed testosterone treatments in misleading advertisements which created a "disease" ("Low T") based upon general symptoms and natural issues, prompting otherwise healthy men to seek prescription medications
- Withheld information and failed to adequately warn consumers and the medical community about heart attack risks despite having knowledge of possible side effects
Lawsuit defendants may include, AbbVie, Pfizer, Eli Lilly and Co., Endo Pharmaceuticals, Auxilium Pharmaceuticals, Actavis U.S. and Teva Pharmaceutical, Valeant Pharmaceuticals, Upsher-Smith Laboratories and Impax Laborarories.
Multidistrict Litigation (MDL)
In June 2014, the Judicial Panel on Multidistrict Litigation approved consolidation of all testosterone replacement therapy cases in federal courts across the country into a single multidistrict litigation (MDL) taking place in United States District Court, Northern District of Illinois before Judge Matthew F. Kennelly (In re: Testosterone Replacement Therapy Products Liability Litigation, MDL No. 2545). The MDL was approved to streamline all of the litigations against testosterone product manufacturers to allow for common pre-trial procedures, with each plaintiff's case remaining independent as opposed to the grouping of plaintiffs into one lawsuit as is the case in a class action. Creation of the MDL simplifies complex litigation of similar cases against a common defendant and gives plaintiffs a strong group bargaining position against large corporate defendants in order to obtain a favorable settlement for all plaintiffs.
A bellwether trial is a preliminary, or “test” trial ordered by the federal court overseeing an MDL. These trials test jury reaction to a case or cases selected as representative of the MDL plaintiff pool. The outcome of an MDL’s bellwether trials may encourage an appropriate group settlement of all cases consolidated under that MDL, as large plaintiff verdicts may prompt defendants to consider settlement instead of incurring the risk of additional legal fees, court costs and judgments.
Judge Kennelly recently asked plaintiffs and defendants to each select eight Androgel lawsuits involving a blood clot injury and another eight cases concerning heart attacks and cardiovascular injuries. Each of these lawsuits name AbbVie -- the manufacturer of AndroGel — as the defendant. These bellwether trials are scheduled to go to trial between October 2016 and April 2017. Another group of bellwether trials for lawsuits involving Testim, Androderm and other testosterone products, is scheduled to start in the second half of 2017.
If you or a family member have taken testosterone therapy replacement drugs, medications or treatments (with or without experiencing side effects or related conditions), you and/or your family member may be entitled to money damages.
Please call (212) 203-7710 or visit us here for an initial consultation and case evaluation.