Low Testosterone Lawsuits to Move Forward in Single MDL
It is expected that several thousand AndroGel lawsuits, Axiron lawsuits, Testim lawsuits and other low testosterone lawsuits will ultimately be filed throughout the federal court system. In response to the mounting litigation, the U.S. Judicial Panel on Multidistrict Litigation has decided to establish one centralized pretrial proceedings for all cases, regardless of the specific medication used.
Following a hearing late last month, an order (PDF) was issued that will result in the transfer of the testosterone litigation to U.S. District Judge Matthew F. Kennelly in the Northern District of Illinois for coordinated discovery and any early bellwether trials that may be scheduled to help the parties gauge how juries are likely to respond to certain evidence that will be presented throughout the cases.
In complex pharmaceutical litigation, where a large number of cases are brought involving similar allegations of injury caused by the same or similar medications, it is common for the cases to be centralized as part of such an MDL or Multidistrict Litigation. This reduces the amount of duplicative discovery into issues that apply to all case and avoids the risk of conflicting pretrial rulings from different judges.
Testosterone MDL vs. Class Action Lawsuit
Although many people associate an MDL with a low testosterone class action lawsuit, there are important differences.
Contact Our Low Testosterone Lawyers To Find Out If You or a Loved One Have a Case
While the claims are coordinated during pretrial proceedings, each individual’s case remains a separate claim.
Since each individual’s injury from testosterone will have different consequences, the testosterone lawsuits can not be tried through one class representative.
As part of the coordinated testosterone MDL proceedings, all cases filed in U.S. District Courts throughout the country will be transferred to Judge Kennelly. Following generic discovery, a small group of lawsuits will likely be selected as “bellwether” cases, to undergo case-specific discovery and preparations for a series of early trial dates.
Following the coordinated pretrial proceedings, if testosterone settlements are not reached to resolve the litigation, each individual case may ultimately be returned back to the U.S. District Court where it was originally filed for a separate trial date.
The Low T Multidistrict Litigation (MDL) is different from many other coordinated proceedings, not only because of the large number of cases, but also because lawsuits are being pursued against the makers of various testosterone gels, testosterone creams, testosterone patches, testosterone pellets and testosterone injections.
Since all of the complaints involve similar allegations that the manufacturers withheld important safety information about the risk of heart attacks, strokes, blood clots and other injuries, the U.S. JPML determined that it was appropriate to centralize all of the cases before one judge.
In addition, many men have taken several different types of testosterone drugs at different times, which has resulted in many lawsuits indicating that more than one medication caused their injury.
Testosterone Case Evaluation
As the number of low testosterone cases continues to mount, the lawyers at Saiontz & Kirk, P.A. are still reviewing new claims for men throughout the United States who have suffered a:
- Heart Attack
- Deep Vein Thrombosis (DVT)
- Pulmonary Embolism (PE)
- Wrongful Death
To review a potential testosterone case for yourself, a friend or family member, request a free consultation and claim evaluation.