2018 Testosterone Lawsuit Update: In September 2018, AbbVie announce a possible testosterone lawsuit settlement, and in June 2018, Endo Pharmaceuticals set aside $200 million for settlements. If you or a loved one has experienced a heart attack, stroke, or deep-vein thrombosis after taking testosterone therapy, you could be eligible for settlement money or other compensation – talk to a lawyer today.
More than 7,700 testosterone lawsuits have been filed in or transferred to federal courts, and more are continuing to be filed on a regular basis. Lawsuits against AbbVie for AndroGel and other testosterone therapy products make up more than 60 percent of these cases, though other drugmakers are also listed as defendants in some of the suits, including Actavis (a division of Teva), Eli Lilly, Auxilium, and Pfizer, among others.
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Why Are People Filing Testosterone Lawsuits?
Thousands of men have filed testosterone lawsuits against manufacturers like AbbVie, Allergan, and Endo Pharmaceuticals because of harmful side effects. Lawsuit claims against testosterone replacement therapy products – which are often prescribed to treat low testosterone levels (“Low-T”) in men – include an increased risk of blood clots, stroke, pulmonary embolism, heart disease, and prostate cancer, among other potentially deadly complications.
The claims being made in testosterone lawsuits range from design defects and failure to warn about the potentially dangerous complications testosterone could cause, to negligence and breach of warranty, both express and implied. Other claims include false marketing efforts, such as marketing testosterone treatments for off-label uses not approved by the U.S. Food and Drug Administration (FDA). Specific claims are made by each individual, as various people have experienced different problems with testosterone therapy.
Testosterone Products and Companies Being Sued
AndroGel testosterone lawsuits have been extremely high-profile, given the large number of cases filed against AbbVie Inc., a division of Abbott Laboratories. However, a number of other products and companies have also found themselves at the heart of legal claims. Companies like Endo Pharmaceuticals, GlaxoSmithKline, Actavis, and Eli Lilly and Company have all been named as defendants in these suits. Some of the TRT products under litigation are no longer available on the market.
Companies & Products Named in Testosterone Lawsuits
|AbbVie (Abbott Industries)||AndroGel|
|Eli Lilly and Company||Axiron|
|Endo Pharmaceuticals / Auxilium|
Testosterone Class Actions and MDLs
While testosterone lawsuits have been filed in many states, most of those lawsuits have been transferred to the U.S. District Court in the District of Northern Illinois to participate in multidistrict litigation (MDL) proceedings. The MDL process lets plaintiffs file individual lawsuits, allowing them to seek damages related to their personal experience rather than joining a class action lawsuit that would give every person the same amount of compensation.
MDL No. 2545 In re: Testosterone Replacement Therapy Products Liability Litigation is overseen by Judge Matthew F. Kennelly. The first lawsuits were filed in 2014, and bellwether trials began in late 2017 and early 2018. Starting in Fall 2018, the thousands of lawsuits still left in the MDL will begin trial, with at least 12 different judges presiding.
Testosterone Lawsuit Settlement Amounts and Verdicts
In May 2018, the first testosterone-related verdict to date came in an Androgel lawsuit. In that trial, the federal jury ordered AbbVie to pay $3.2 million to a Chicago man who suffered a heart attack after using the testosterone replacement therapy. A separate jury had previously awarded the same defendant, Jesse Mitchell, more than $150 million in punitive and compensatory damages, but that initial verdict was overturned and the case was sent back for a second trial.
While AbbVie continues to fight more than 4,000 testosterone lawsuits in the federal district court system, other companies have offered settlements to resolve claims against them. To date, the three companies that have offered testosterone settlements are:
- Eli Lilly: In December 2017, Eli Lilly announced a global settlement to resolve all testosterone cases against it worldwide, before its first case had gone to trial.
- Auxilium, Endo & GlaxoSmithKline: In February 2018, Auxilium Pharmaceuticals, Endo Pharmaceuticals and GlaxoSmithKline announced a settlement to resolve outstanding testeosterone lawsuits against them.
While the full amounts of the settlements have not been disclosed, Endo Pharmaceuticals announced in June 2018 that it was increasing its legal reserves to $200 million to cover testosterone settlements.
As of July 2018, three drug companies – AbbVie Inc., Actavis and Pfizer – were still embroiled in more than 7,000 lawsuits against testosterone replacement therapy products.
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Testosterone Lawsuit FAQs
Following are answers to some of the most common questions asked about testosterone replacement therapy lawsuits.
Am I Eligible for a Testosterone Lawsuit?
In general, you may be eligible to file a testosterone lawsuit if you suffered a heart attack, stroke, or deep-vein thrombosis within 90 days of receiving testosterone therapy. For individuals who passed away after experiencing a severe side effect of TRT, their next of kin may be able to file a wrongful death lawsuit in their name.
If you are not sure whether you are eligible, or you believe you may have extenuating circumstances outside the general guidelines, you should talk to a lawyer for a free case review to better understand your legal options.
How Much Does it Cost to File a Testosterone Lawsuit?
A reputable law firm will not charge you up front to file a testosterone lawsuit. Instead, they will take your case on contingency, which means that they will only get paid if they help you receive compensation.
Once you do receive compensation in the form of a settlement, verdict, or other legal recovery, your lawyer will receive payment out of those funds, typically as a percentage of the amount recovered. During your free evaluation, your lawyer will explain fees or other costs associated with the lawsuit, so that you are informed up front about what you can expect to receive.
Have There Been Any Testosterone Lawsuit Settlements?
Of the seven major pharmaceutical companies defending against testosterone lawsuit claims, four have offered settlements, while three others continue to fight claims in court.
It is possible that the final three companies – AbbVie Inc., Pfizer and Actavis – could also agree to settle the thousands of cases currently against them. If that happens, then plaintiffs will generally have an opportunity to accept the settlement or continue to pursue their individual lawsuits. Your lawyer will be able to advise you about which course of action is likely to help you receive the most compensation, should such a settlement be offered.