MDL Judge Introduces Direct Filing Process for Testosterone Lawsuits
Men filing testosterone lawsuit claims in federal court may now do so directly in the multidistrict litigation underway in the U.S. District Court, Northern District of Illinois, a federal judge ruled this month.
A case management order on October 24th introduced a process for filing new cases in the proceeding established for lawsuits alleging strokes, heart attacks, deep vein thrombosis, pulmonary embolism and other serious cardiovascular injuries that stem from AndroGel and other products. The process will hopefully eliminate potential delays associated with transferring lawsuits from other U.S. District Courts, and avoid potential problems with motions filed in separate litigations.
AndroGel Lawsuits Protected from Manufacturer’s Attempts to Remand
The federal litigation’s direct filing process will have special instructions for AndroGel lawsuits. All similar claims against AbbVie or Abbott Laboratories will be protected from manufacturers’ attempts to remand them to another Court for trial, and be treated as if they were originally filed in the Northern District of Illinois.
According to the order, all other cases will follow regulations instituted by the state court in which the Plaintiff resided at the time they filed suit. Parties may challenge the venue or jurisdiction at a later date, however, if the MDL Court decides to remand the lawsuits to other locations.
Earlier in October, the parties weighed on the testosterone litigation’s bellwether program for scheduling its first trial dates. Plaintiffs voted to start the first hearings in mid-2016, while the makers of AndroGel, AbbVie Inc. and other manufacturers pushed for a longer process, beginning in late 2017.
Given the fast-increasing number of lawsuits filed over several testosterone gels, patches and injections on today’s market, parties and the Court will have a lot to choose from in choosing the first cases for trial. A Case List updated on October 15th by the U.S. Judicial Panel on Multidistrict Litigation (JPML) shows 223 claims involving AndroGel, AndroDerm, Testim and other products. Plaintiffs in these cases accuse testosterone manufacturers of promoting their products off-label to treat low libido, fatigue, sexual dysfunction and other problems related to aging, despite their proven effectiveness in remedying these issues. They also allege the manufacturers’ failure to properly warn about cardiovascular side effects that may stem from prescription hormone-raising therapies.
Considering a Testosterone Lawsuit? Call Us.
Contact our Firm for a free and confidential testosterone lawsuit evaluation if you sustained injuries after receiving AndroGel or a similar product. Call us today at (877) 779-1414.