Testosterone Lawsuits Intensifying

By Greg Kohn

Can you file a lawsuit if you suffered from cardiovascular side effects as a result of testosterone replacement therapy?

Over the last couple of years, testosterone replacement therapy has become popular among men hoping to feel younger.  Drugs like Androgel and Axiron, produced by major pharmaceutical companies, claim to allow users to increase their sex drive and feel more alive.  These drugs have been marketed to men all over the country. Unfortunately, the drugs might have serious cardiovascular side effects creating liability for their manufacturers.

Hundreds of men have now brought suit against five major pharmaceutical companies that produce testosterone replacement drugs.  The plaintiffs claim that they suffered serious cardiovascular side effects as a result of using the drugs and that the companies mischaracterized the drugs’ benefits.  The cases have been consolidated into multidistrict litigation and are now being heard by one judge in a Federal court in Chicago, Illinois.  The judge has already been faced with decisions regarding trial timing, discovery tactics, and whether it is necessary that plaintiffs prove that cardiovascular injury can be caused by testosterone replacement therapy before proceeding with the case.

Unfortunately, science still cannot tell us definitively whether these drugs are causing cardiovascular side effects. Some studies show that they do have negative side effects while others do not.  The Food and Drug Administration has recently questioned whether testosterone replacement therapy actually works but was unable to come up with a concrete answer.  All of the scientific debate is sure to complicate the pending litigation.

Attorneys anticipate that the number of plaintiffs will grow into the thousands in the future.  The first trials will likely not take place for a few years although all parties seem prepared to litigate.

Litigation claiming that a pharmaceutical product caused personal injuries is not uncommon.  The Essex County, New Jersey attorneys at Nagel Rice handle all types of product liability and personal injury claims.  Contact us today for a case evaluation by calling (973)618-0400.

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.