Low-T Class Action

On January 31, 2014, the US Food and Drug Administration (FDA) released a safety announcement that warns consumers of the potential risk of testosterone therapy and that it will conduct further investigation of the following products:

  • AndroGel
  • Testim
  • Androderm
  • Axiron
  • Fortesta
  • Bio-T-Gel

Testosterone is a steroid sex hormone produced naturally by males through the reproductive glands that create sperm; primarily the testes. Men who are prescribed unnecessary testosterone treatments risk exposure to a variety of potentially severe cardiovascular and metabolic problems such as the buildup of plaque, which can cause arterial blockages; dangerously high cholesterol levels; diabetes; and increased risk of cancer, especially in the prostate.

Across the country, the legal community is taking note of the increase of injury claims from men who have undergone low testosterone treatments – aka Low-T therapies– treatments in the wake of several reputable studies, including one published in the Journal of the American Medical Association (JAMA) in November of 2013.

AbbVie Inc., the manufacturer of AndroGel – a heavily marketed testosterone supplement – issued a statement and its own warning in response to the FDA warning, acknowledging that their product could pose problems for people with heart, kidney, or lung disease.

The company also warned of harmful effects of virilization with children have experienced secondary exposure to testosterone gel. Virilization refers to the biological development of sex organs in the male and female bodies.

Low-T Marketing Worries Medical Experts

Testosterone therapy is administered topically as a gel or patch, or via injection. It is approved by the FDA only to treat men with verified medical evidence of low testosterone blood levels.

However, aggressive direct-to consumer marketing campaigns has seen some doctors give in to patient demands and prescribe testosterone therapy to men to combat the normal results of gradual aging.

It allegedly improves sex drive, strengthens bone density, and helps builds muscle mass. The increase in the “casual use” of Low-T therapies greatly concerns many members of the medical and health care communities.

Experienced Injury Lawyers Effectively Manage Low-T Injury Cases

For those who have endured negative side effects from testosterone therapy, or if a family is suffering from the sudden death of one of its members due to the use of Low-T products, the only avenue to obtain civil justice is through a defective drug lawsuit against the manufacturer.

Since the number of such suits is growing across the country, plaintiffs may feel as though they have become “lost in the crowd” of injured victims. Crowded court dockets and protracted pre-trial phases, where procedures and rules of evidence are established, can contribute to this sense of frustration.

There is, however, a solution. Multidistrict litigation (MDL) is a special federal procedure that more efficiently processes complex litigation issues. This alternative is most effective when hundreds – even thousands – of plaintiffs who are injured by the same negligence of a defendant or defendants, in this case a drug manufacturer.

For the sake of expediency, many similar cases from different geographic jurisdictions can be temporarily transferred to an MDL. This makes them subject to a single set of procedures established by the MDL court — most prominently special evidence rules of discovery, which can be more forgiving to plaintiffs than normal discovery procedures found in individual civil cases.

The real purpose for creating an MDL is to save time and court costs, as one judge can hear evidence for a multitude of trials and set procedural guidelines that will help once the matter returns to the original jurisdictions.

For example, evidence from a testosterone case filed in a Missouri state court may apply to your injury case without you or your attorney needing to travel long distances to testify or access evidence, such as depositions and other records of fact.

This temporary consolidation of cases with common questions of fact for pretrial purposes saves a great deal of time and resources while promoting efficiency in the often bogged down civil court system.

There are also other advantages to MDL’s that your attorney can share with you during your initial consultation. Call Price Benowitz LLP today to find out how you can seek justice and receive compensation for the harms and losses you have suffered due to low testosterone therapy.

Contact us anytime to share your story and together we’ll determine your best course of legal action.