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Preliminary Discovery Plan Outlined for Low T Drug Lawsuits

Fortesta Testosterone DrugLow T drug lawsuits alleging life-altering complications from Androgel, Testim and other testosterone supplements continue to mount in courtrooms across the nation. Plaintiffs claim they were inadequately warned about the risk of cardiovascular injury, stroke, heart attack and other severe health complications by the manufacturers of testosterone replacement products.

A recent case management order issued by the  judge presiding over multidistrict litigation No. 2545, which was created to more efficiently process all pretrial matters in similar Low T claims, has outlined procedures in the coordinated litigation for a preliminary discovery plan. The Testosterone Replacement Therapy Products Liability Litigation is taking place in the US District Court for the Northern District of Illinois before Judge Matthew F. Kennelly.

200 Low T drug lawsuits consolidated under MDL

Court dockets indicate that around 200 product liability claims arising from adverse testosterone side effects have been transferred to MDL No. 2545, where both plaintiffs and defendants will share in discovery proceedings and, under the auspices of Judge Kennelly, move forward with bellwether trials.

Given the escalating litigation against makers of several Low T supplements, including Axiron, Androgel, Testim and Androderm, all qualifying federal lawsuits were centralized to help reduce judicial burdens and prevent conflicting pretrial rulings, should the cases proceed before different judges. Allegations central to the litigation are that the Low T drug manufacturers designed, produced and marketed a dangerous product, misled consumers with deceptive ad campaigns, and failed to warn about testosterone and heart attack and stroke risks.

If settlements are not reached during pretrial proceedings, or following bellwether trials, cases will be remanded to their original district for final resolution. Preliminary verdicts rendered in Low T drug lawsuits are not binding on other cases, as each claimant is entitled to his own day in court.

MDL discovery proceedings outlined

According to Judge Kennelly’s case management order, each defendant has 45 days to supply the following:

  • An initial list of persons most knowledgeable (including the general subject matter of that knowledge) and potential document custodians;
  •  An initial general description of the location of documents, including but not limited to specific databases and other document sources, containing potentially relevant and/or discoverable information.

Additionally, legal counsel for plaintiffs and defendants have been asked to continue talks about the Plaintiff Fact Sheet (PFS) contents, which have case-specific questions and requests for each claimant involved in the litigation.

Studies highlight Low T cardiovascular risks

Several studies on Low T drug heart risks will likely be cited by testosterone lawyers during the litigation. One of the most recent findings, published this year in the journal PLOSOne, revealed that Androgel and other Low T products may double the risk of heart attack in younger males with a history of heart disease and men aged 65 and older, regardless of their heart health.

Testosterone replacement is only medically indicated in males who are diagnosed with clinically low testosterone levels – a condition called hypogonadism. However, it is argued that Low T manufacturers launched massive campaigns, touting the supplements as an easy fix for fatigue, decreased sex drive and other common ailments associated with middle age, without full disclosure on the drug’s risks.

  1. US District Court for the Northern District of Illinois,In re Testosterone Replacement Therapy Products Liability Litigation
  2. USA Today, Testosterone therapy doubles heart risk in older men,
  3. WebMD, Axiron TD,