Plaintiffs recently filed a petition to consolidate several Testosterone lawsuits that are currently pending in the Philadelphia Court of Common Pleas.

The consolidation request is asking that the cases receive a mass tort designation. The defendants involved in the testosterone lawsuits agree with the plaintiffs’ request and filed a motion in support of the plaintiffs’ petition to consolidate the testosterone treatment lawsuits.

The testosterone lawsuits allege that the defendants, Auxilium Pharmaceuticals, Inc.; Endo Pharmaceuticals, Inc.; GlaxoSmithKline LLC; and AbbVie Inc., failed to warn the medical community and general public about dangerous side effects associated with using testosterone treatment therapies.

According to the lawsuits, patients taking testosterone replacement suffered heart attacks and strokes allegedly caused by the testosterone products.

Why is a mass tort designation/multidistrict litigation desirable?

When pending lawsuits share similar parties, facts, and allegations it is often desirable to have the cases consolidated or included in a multidistrict litigation (MDL) program. The consolidation of cases funnels these lawsuits before a single judge for all pretrial motions and discovery requests. This helps with efficiency of litigation and ensures consistency in rulings leading up to trial.

The plaintiffs and defendants named in the testosterone lawsuits pending in Pennsylvania court are asking that approximately 30 cases be consolidated. The parties believe this will both ease discovery and allow for better coordination with a group of attorneys trying similar multidistrict litigation happening in Illinois federal court.

The attorney, Mark Hoffman, who is representing the plaintiffs in this consolidation request, believes that consolidating the cases will help prevent contentious conflicts during depositions with defendants.

Testosterone Lawsuits

Testosterone lawsuits began surfacing back in March of 2014. Two men brought lawsuits alleging that using AndroGel and Testim gel caused them to suffer heart attacks. Other testosterone lawsuits have also been brought against the manufacturers of the testosterone treatments Fortesta and Delatestryl.

In these lawsuits, the plaintiffs allege that the manufactures and marketers failed to test the safety of the testosterone replacement therapies and concealed the danger associated with their use.

The lawsuits also allege that companies used aggressive marketing schemes in order to convince men who were experiencing symptoms associated with the natural aging process that they were actually suffering from a disease or syndrome known as “Low-T.”

In January, a few months before the first Low-T lawsuits were filed, the U.S. FDA announced that they were investigating testosterone treatments for their potential increased risk of stroke, heart attack, and even death. Over 3,800 cases are currently pending in the federal MDL.

Men who have used testosterone replacement therapies and have suffered from heart attack or stroke may be able to bring a testosterone lawsuit against the drug manufacturer. Some Low-T treatments include Depo-Testosterone, Striant, Testopel, Androderm, and several others.

Successful plaintiffs may receive compensation for their pain and suffering along with their past and future medical bills related to testosterone treatment side effects.

The Testosterone lawsuits referenced above are In Re: Testosterone Replacement Therapy Products Multidistrict Litigation, MDL No. 2545, and Case No. 16023111 filed in the Court of Common Pleas in Philadelphia County.