A case management plan for the testosterone MDL was issued by presiding U.S. District Judge Matthew Kennelly on Nov. 6. The plan includes an outline for the first few bellwether cases, which will be used to gauge jury reactions and which allegations will be used in the testosterone lawsuits. The first testosterone lawsuits will be Androgel trials beginning in late 2016.

Testosterone lawsuits claim that several testosterone gels, creams, patches, injections, etc. can significantly increase the risk of heart attack, stroke, deep vein thrombosis, and other adverse side effects in the men who use them. The lawsuits have been consolidated into a testosterone MDL (multidistrict litigation) even though they cover more than one brand or manufacturer (i.e. Androgel, Straint, Testim).

For the testosterone bellwether lawsuits, only AbbVie will be a defendant in six lawsuits concerning allegations that Androgel, AbbVie’s product, may cause heart attack and stroke in users.

Beginning in October 2016, Androgel lawsuit trails should take place roughly every month until April 2017. Judge Kennelly’s plan followed competing schedules filed by both parties.

The case management plan is closer to the plaintiffs’ submission; AbbVie suggested that the trials should begin in late 2017.

Androgel Lawsuit Schedule

The bellwether lawsuits will be divided into two tiers, each with eight cases from each injury group. The first tier will focus on testosterone side effects such as pulmonary embolism, deep vein thrombosis, or blood clots. The second tier will focus on Androgel heart attacks.

Both plaintiffs and defendants are to submit their proposals for the selection process (as well as what the defining factors for each tier should be) by July 11, 2015. A total of 16 cases will be used for this part of the testosterone bellwether process. The Androgel testosterone lawsuits used for this process will be chosen by Oct. 31, 2015.

Testosterone lawsuit bellwether discovery will take place between Nov. 1, 2015 and Jan. 15, 2016. Each side is allowed four depositions in order to clarify which information will be the most important. By Aug.1, 2016, the final selection of testosterone cases will be decided. Additionally, facts and expert witness discovery will also be completed by this date.

The six AbbVie testosterone lawsuit bellwether trials are scheduled to take place on the following dates:

• Oct. 31, 2016
• Dec. 5, 2016
• Jan. 9, 2017
• Feb. 13, 2017
• March 20, 2017
• April 24, 2017

The first three testosterone lawsuit trials will be about Androgel blood clotting injuries; the latter three will focus on Androgel cardiovascular side effects.

Testosterone Lawsuits

There are currently over 200 testosterone lawsuits combined in the testosterone MDL. It is expected that this number will rise to the thousands as more cases are reviewed and filed against drug companies such as AbbVie.

In addition to AbbVie, other defendants include Auxillian (for Testim gel), Eli Lilly (for Axiron gel), Actavis (for Adroderm patch), and Pfizer (for Depo-Testosterone injections).

These testosterone lawsuits have followed several studies published on the risks recently associated with testosterone products. One study published in PLOSOne suggested that low testosterone treatments could as much as double the risk of heart attack.

Because of these findings, the FDA has launched an investigation and has encouraged that additional testosterone clinical trials be run.

Millions of testosterone treatments are prescribed each year. It has been suggested that many people taking the treatment do not receive noticeable benefit from the treatments and do not truly need it.

Hundreds of testosterone lawsuits have been filed, and many consolidated into the testosterone MDL that recently put forth their case management plan. It is hoped that plaintiffs will receive compensation for the alleged testosterone side effects.