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Testosterone Claim Involving Testim Joins MDL 2545

older male patient

An Arlington, Texas man has filed a testosterone lawsuit against Endo Pharmaceuticals, Inc., Auxilium Pharmaceuticals, Inc. and GlaxoSmithKline, LLC. His lawsuit will join the multidistrict litigation in the Northern District of Illinois.

According to his short form complaint, the man was prescribed and began taking Testim in June 2010. In February 2014, he developed a blood clot that morphed into deep vein thrombosis. Consequently, he stopped his TRT in August 2014.

Deep vein thrombosis is a condition that occurs when a blood clot forms in one or more of the body’s deep veins. Some patients experience leg pain or swelling, but others do not have any symptoms. This is a very serious condition that can cause blood clots in the legs to break free, travel through the bloodstream and become lodged in the lungs, effectively blocking the flow of blood.

Plaintiff sues on 10 counts

The man’s lawsuit includes 10 counts against the defendants, including:

  • Strict Liability — Design Defect
  • Unjust Enrichment
  • Punitive Damages
  • Breach of Implied Warranty of Merchantability
  • Negligence
  • Fraud
  • Strict Liability — Failure to Warn
  • Consumer Protection
  • Negligent Misrepresentation
  • Breach of Express Warranty

Testosterone litigation – MDL 2545

The testosterone therapy products liability multidistrict litigation was established on June 6, 2014 in the Northern District of Illinois. U.S. District Judge Matthew F. Kennelly is overseeing the proceedings.

The MDL involves nine different TRT products, including AndroGel, Testim, Axiron, Depo-Testosterone, Androderm, Testopel, Fortesta, Striant and Delatestryl.

Defendants include AbbVie Inc.; Abbott Laboratories; AbbVie Products LLC; Unimed Pharmaceuticals, LLC; Solvay, S.A.; Besins Healthcare, Inc.; Eli Lilly and Company; Lilly USA, LLC; Acrux Commercial Pty Ltd.; Acrux DDS Pty Ltd.; Pfizer, Inc.; Pharmacia & Upjohn Company Inc.; Endo Pharmaceuticals, Inc.; Auxilium Pharmaceuticals, Inc.; GlaxoSmithKline, LLC; Actavis, Inc.; Actavis Pharma, Inc.; Actavis Laboratories UT, Inc. and Anda, Inc.

Plaintiffs seek compensatory and punitive damages, monetary restitution and all other available remedies for injuries and side effects of testosterone therapy they claim were not sufficiently warned about.

Plaintiffs share common allegations

TRTs are FDA approved to treat hypogonadism. This condition occurs when the body doesn’t produce enough testosterone, sperm or both. Males can be born with hypogonadism or develop it during their lifetime. When this condition is caused by testicular failure, the use of TRT can bring back muscle strength, sexual function and prevent bone loss. TRT can also help boost the man’s sex drive, energy levels and overall well-being.

Plaintiffs claim the defendants were marketing TRTs for the off-label use of a condition called “Low T” — low testosterone — that these companies invented. They accuse the defendants of marketing the TRTs as safe and effective for this off-label use, when they actually offer little or no benefit to patients without hypogonadism. Plaintiffs also claim the TRTs caused them to suffer serious medical issues, including serious and life-threatening cerebrovascular, thromboembolic and cardiac events.

The master compliant notes that the FDA has not approved any TRT products to treat “Low T” and the condition is not recognized by the medical community. Instead, the lawsuit alleges that “Low T” is actually a normal part of the aging process that many males experience.

The plaintiffs claim the defendants misrepresented TRT products to patients and the medical community and presented misleading information on the safety and efficacy of these treatments.