Recently a consolidation motion was filed for all federal Androgel lawsuits to become part of an MDL, or multidistrict litigation.
Hot on the heels of that motion, a second motion has been filed with the U.S. Judicial Panel on Multidistrict Litigation (JPML) requesting that all testostereone therapy lawsuits be centralized before one judge as a single coordinated proceeding.
If granted, this MDL would be similar to the Byetta, Victoza, Januvia MDL, where the type 2 diabetic drugs have been alleged to have caused pancreatic cancer. The Incretin Mimetic MDL is consolidated in Southern District of Californian, in San Diego.
Benefits of MDL Consolidation
Centralizing the cases reduces the duplicative discovery and avoids conflicting rulings from different judges. Following pretrial proceedings and a series of test trials, known as “bellwether trials”, if the parties fail to reach testosterone settlement, the individual claims may be remanded back to the U.S. District Courts for separate trials.
Testosterone Therapy Litigation
There are more than 50 Testosterone Therapy product liability lawsuits filed in U.S. District Courts. Injured men have alleged that they suffered a heart attack, stroke, and blood clots such as deep vein thrombosis and pulmonary embolism, caused by side effects of testosterone replacement therapy (TRT).
The majority of the lawsuits involve injury from the use of Androgel. The remainder have been filed by users of different testosterone gels, creams and patches, including Testim, Axiron, and Androderm.
Rafael Barrios requested that one centralized proceeding be established for claims involving all different manufacturers of testosterone replacement therapy (TRT). Barrios claims that his injury occurred following use of both Androgel and Testim, which are two different products made by different drug makers.
JPML Androgel Hearing
According to the U.S. JPML, the motion to establish an Androgel MDL will be heard on May 29 in Chicago. The second motion to include all testosterone lawsuits as part of a single MDL maybe be considered at that time, or the motion maybe be heard in July 2014.
Plaintiffs Testosterone Injury Claims
At least 37 of the lawsuits involve Androgel injuries. The claims involve allegations that the drug makers failed to adequately warn about the risk of heart attacks, strokes, blood clots and death associated with TRT.
Low Testosterone Medical Studies
In January 2014, according to a study published in the medical journal PLOSOne, low testosterone treatments may double the risk of heart attack for younger men with heart disease and men over the age of 65.
According to a November 2013 study published in the Journal of the American Medical Association, side effects of testosterone may increase the risk of heart attacks, strokes, and death among older men with certain pre-existing heart problems.
FDA Launches Investigation
The FDA launched a safety review of AndroGel and other testosterone replacement therapy on January 31.
Direct to Consumer Aggressive Marketing
The complaints claim that the drug makers created the “disease” of low testosterone among men, blaming normal symptoms of aging on “Low T.”