In response to the recent motion to consolidate all federal testosterone lawsuits as part of a single multidistrict litigation (MDL), Pfizer has requested that only claims involving gel treatments such as AndroGel, Testim, Axiron and Fortesta be included in the proceedings. There are now over 85 lawsuits pending in courthouses around the country alleging that testosterone replacement therapy (TRT) products caused users heart attacks, strokes, blood clots and other serious injuries.
Free Testosterone Lawsuit Evaluation: If you or a loved one has been injured by a testosterone supplement, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against the manufacturer of the testosterone booster and we can help.
What’s the Problem?
While most of the lawsuits now pending involve AndroGel, which accounts for the lion’s share of the market, other complaints have been filed against manufacturers of other testosterone products including creams, patches and injections.
In March of 2014, a motion was filed to consolidate all AndroGel Lawsuits filed on the federal into a multidistrict litigation. Weeks later, a separate group of plaintiffs filed another motion to centralize ALL testosterone lawsuits as part of an industry-wide MDL, regardless of what specific product was named in the complaint. The motion stated that many plaintiffs have taken a number of different testosterone supplements, and all of the complaints are likely to involve common questions of fact and law.
Several drug companies have already filed responses in support of the industry-wide MDL, including AbbVie, Abbott Laboratories, Eli Lilly and Endo Pharmaceuticals. However, Pfizer has opposed the move, requesting that lawsuits involving its Depo-Testosterone injection not be included in any MDL since it has only been named in 4 complaints, and that there are fundamental differences between these lawsuits and the rest of the cases.
Pfizer noted that most of the lawsuits involve allegations that TRT manufacturers used “aggressive, direct-to-consumer advertisements,” which encouraged men to seek treatment for low testosterone if they had experienced any generalized symptoms such as lowered energy, decreased libido, or weight gain. Pfizer maintains that it has never engaged in any such marketing of Depo-Testosterone.
The response goes on to note that Depo-Testosterone differs from topical gel formulations in a number of ways including the dosage administered, with the injections given every 2 to 4 weeks, exposing users to significantly less testosterone over the course of treatment. Additionally, Pfizer stated that many generic testosterone injections are available, which raises issues that will not be involved in the testosterone lawsuits, all of which involve name brand drugs that still hold patent protection.
Auxilium Pharmaceuticals, the company that makes Testim, has also resisted consolidation, indicating that a multidistrict litigation should be limited only to AndroGel lawsuits. The U.S. Judicial Panel on Multidistrict Litigation is expected to hear oral arguments over whether to centralize the lawsuits at a hearing in Chicago on May 29th.
Do I Have a Testosterone Lawsuit?
The Product Liability & Defective Drug Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Testosterone Lawsuits. We are handling individual litigation nationwide and currently accepting new testosterone injury and death cases in all 50 states.
Free Testosterone Lawsuit Evaluation: If you or a loved one has been injured by a testosterone supplement, you should contact our law firm immediately. You may be entitled to compensation by filing a Testosterone Suit and we can help.