Update: there is an MDL.
Federal lawsuits filed by or on behalf of men who allegedly suffered a heart attack, stroke, blood clot, or other injury caused by side effects of low testosterone drugs have prompted the need for centralization of the cases. But, with more than 74 product liability lawsuits filed in the federal court system against Testosterone drug makers, not quite everyone is on board for the creation of an MDL (multidistrict litigation).
Last month, a Plaintiff filed a motion seeking to centralize all federal AndroGel lawsuits before one judge for coordinated handling during pretrial proceedings. Most of the cases filed involve Androgel, which accounts for approximately 60% of the testosterone replacement therapy market, though other claims have been filed against AndroDerm, Testim, Axiron, Foresta, and Depo-Testosterione. Subsequent to the filing of the motion to centralize AndroGel cases, a second motion was filed by a group of plaintiffs, seeking to consolidate all federally filed testosterone drug lawsuits. In response, Auxilium Pharmaceuticals, Inc., maker of Testim and Testopel, opposed the request indicating that it is only named in seven of the cases, and therefore an MDL is not warranted.
Testosterone Therapy Lawsuits
Recently, testosterone therapy has found itself in the media frenzy as a lot of research has begun to surface suggesting that testosterone treatments for men cause an increased risk of heart attacks and strokes that can lead to serious injury and death. Millions of men who have been taking hormonal treatments are just beginning to learn of the extent of the risk between this medical treatment and these sometimes fatal heart conditions.
Despite Auxilium Pharmaceuticals’ opposition, a joint response filed on behalf of other testosterone drug manufactures such as Abb Vie, Inc., Abbott Laboratories, Eli Lilly and Co., Lilly USA, LLC, and Endo Pharmaceuticals, Inc. indicates support for the centralization of all pending testosterone replacement therapy lawsuits before the same judge. They reference the fact that many of these cases involve men who have used several different testosterone drugs, strong justification for the creation of an industry wide MDL.
Creation of an MDL
An MDL is a type of “class action” lawsuit in which a group of people have been injured by the same parties, under similar facts. All of the lawsuits filed to date involve nearly identical allegations claiming that inadequate warnings were provided for users and the medical community about the risk of cardiovascular problems. In an MDL, the case is consolidated under one federal judge who handles all of the discovery matters that are common to all of the defendants. This helps prevent duplicative discovery and conflicting rules from different judges. It also helps to serve the convenience of the witnesses, parties, and the courts.
Researchers are working fast to get more information, but there is enough indication of problems to pursue litigation. With over five million prescriptions written each year, this litigation will grow like wild fire. Our lawyers are reviewing testosterone therapy cases. If you think that you or someone you love may have been injured as a result of having taken testosterone therapy, call one of our lawyers at 800-553-8082. You can also get a free Internet consultation for your potential lawsuit.