Testosterone Drug Makers Consider an MDL

There have been several federal lawsuits filed on behalf of men who allegedly suffered heart attacks, strokes, blood clots or other serious injuries caused by side effects of low testosterone (Low T) drugs, prompting the need for centralization of the cases. There are approximately 74 product liability lawsuits filed in the federal court system against testosterone drug makers, but not all are in agreement for creating a multidistrict litigation (MDL).

Last month, a Plaintiff filed a motion seeking to centralize all federal AndroGel lawsuits before one judge for the coordinated handling during pretrial proceedings. The majority of the cases filed involve AndroGel, which makes up about 60 percent of the testosterone replacement therapy market, although there have been claims filed against AndroDerm, Testim, Axiron, Foresta and Depo-Testosterione.

Following 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. The maker of Testim and Testopel, Auxilium Pharmaceuticals, Inc. opposed the request, indicating that it is only named in seven of the cases, and therefore and MDL is not warranted.

It is only recently that much research has begun, suggesting that testosterone treatments for men cause an increased risk of heart attacks and strokes that could lead to serious injury and/or death. The millions of men who have been taking hormonal treatments for low-T are just learning the risks between this treatment and the potential fatal cardiac issues. More than five million testosterone prescriptions are written each year.

Despite the opposition from Auxilium Pharmaceuticals, a joint response filed on behalf of other testosterone drug manufacturers 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. This response refers to the fact that many of these cases involve men who have used several different testosterone drugs, which justifies the need for an industry-wide MDL to be created.

An MDL is a lawsuit created for a group of people that have been injured by the same parties, under similar facts. The case is consolidated under one federal judge who handles all discovery matters in order to prevent duplicative discovery and conflicting rules from different judges. It also helps to serve the convenience of the witnesses, parties and the courts.

If you or someone you love might have been injured as a result of taking testosterone, contact one of our Gacovino Lake attorneys at 1-800-246-HURT for more information.

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