By Ashley Milano  |  October 3, 2014

Category: Legal News

testosteroneA recent testosterone drug lawsuit claims that Depo-Testosterone is unsafe and consumers who use the drug are at a significant risk for a heart attack, blood clot, or stroke.

A Kentucky resident has filed a wrongful death lawsuit against both Pharmacia & Upjohn Company Inc. and Pfizer Inc. for failing to adequately inform consumers and the medical community about the risk of heart attacks associated with taking Depo-Testosterone.

The testosterone drug lawsuit alleges that the pharmaceutical companies purposely deceived the medical community and consumers by creating the impression that Depo-Testosterone was a safe and effective treatment for low testosterone and intentionally and recklessly marketed the drug as a viable treatment for low testosterone to the medical community, withholding facts about life-threatening health risks associated with the use of the drug.

They allegedly promoted Depo-Testosterone for “off-label” purposes, knowing that the U.S. Food and Drug Administration (FDA) had not approved the drug for the treatment of low testosterone.

Plaintiff Valarie Kingery claims in the Depo-Testosterone lawsuit her husband Randy Freeman Kingery suffered a fatal heart attack resulting from taking four Depo-Testosterone shots during the period of July 23 through Sept. 3, 2013 to treat his low testosterone. Five days after his last Depo-Testostone shot, Mr. Kingery reportedly suffered a massive heart attack and died.

Pharmacia & Upjohn Company is a division of Pfizer and manufactures Depo-Testosterone as a treatment option for low testosterone or “Low T.”

The FDA approved Depo-Testosterone for the treatment of adult males who have low or no testosterone (a condition called Hypogonadism) in conjunction with an associated medical condition such as failure of the testicles to produce testosterone, genetic problems, or chemotherapy.

What is Depo-Testosterone?

Depo-Testosterone (testosterone injections) are used to treat men with very low levels of testosterone due to a serious medical condition (hypogonadism, chemotherapy, missing or damaged testicles, and more). Depo-Testosterone is given by injection by a doctor, usually every one to four weeks. Once a patient starts using Depo-Testosterone, his body stops making testosterone naturally, which means treatment is a lifetime commitment.

Depo-Testosterone treats low levels of testosterone, a hormone essential to male growth, sexual health, and masculine characteristics. Depo-Testosterone is only approved to treat low testosterone in conjunction with one of the following serious medical conditions:

  • Hypogonadism
  • Genetic problems with testosterone production
  • Chemotherapy
  • Problems with brain (hypothalmus or pituitary) that control testosterone
  • Missing or damaged testicles

Studies Find Depo-Testosterone Increases The Risk Of Heart Attack

Numerous medical studies have uncovered a troubling link between Depo-Testosterone and heart attacks. Some key study findings used in Depo-Testosterone heart attack lawsuits include:

  • A 2014 study published in PLoS One, which reported that testosterone treatment doubles risk of heart attack for men over 65, and triples risk for men under 65 with pre-existing heart disease.
  • A study published in the 2013 Journal of the American Medical Association found testosterone was linked to a 30 percent increased risk of heart attack in first 90 days of treatment.
  • A 2009 study in the New England Journal of Medicine stopped a trial prematurely because patients on testosterone had twice as many adverse events and five times as many cardiovascular events.

Kingery is seeking general and special restitution and punitive damages for Pharmacia and Pfizer’s alleged negligent misrepresentation of the testosterone drug side effects of Depo-Testosterone and all reasonable court costs. She has demanded a jury trial for this case.

The Testosterone Drug Lawsuit is Valarie Beth Kingery on behalf of The Estate of Randy Freeman Kingery, Deceased v. Pharmacia & Upjohn Company Inc. and Pfizer Inc., Case No. 1:14-cv-06814, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

In general, testosterone product lawsuits are filed individually by each plaintiff and are not class actions.

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