Androgel Class Action Lawsuit vs. MDL

By Austin Kirk
Posted April 15, 2014

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A request has been filed in the federal court system to consolidate all product liability lawsuits filed over Androgel testosterone treatments, seeking to centralize the cases before one judge during pretrial proceedings.

Known as an MDL (“Multidistrict Litigation), such coordinated proceedings are often referred to as an AndroGel class action lawsuit, but there are important differences to understand.

Centralized Management for Mounting Lawsuits

Androgel Lawsuits

Cases Reviewed for Androgel users who have suffered a:

• Heart Attack
• Stroke
• Blood Clot
• Death

REVIEW A CASE

A growing number of men throughout the United States are pursuing legal action after suffering a heart attack, stroke, blood clot or other injury that may have been caused by side effects of Androgel testosterone treatments.

All of the cases involve similar allegations, seeking financial compensation through an Androgel settlement as a result of the drug maker’s failure to adequately warn about the potential risks.

A motion was filed with the U.S. Judicial Panel on Multidistrict Litigation (JPML) on March 28, seeking to centralize the litigation before one judge to reduce duplicative discovery into issues common to all cases, avoid conflicting rulings from different judges and generally serve the interests of judicial economy.

According to the motion, there are currently at least 39 product liability lawsuits filed against AbbVie throughout the federal court system. However, based on the number of men and families our Androgel lawyers have spoken with, we believe that there will ultimately be several thousand cases brought over the next few years.

In complex pharmaceutical litigation, where a large number of cases are brought involving similar allegations of injury caused by the same medication, it is common for the U.S. JPML to establish centralized pretrial proceedings before one judge.

While pretrial proceedings in an MDL would be handled similar to how an Androgel class action is managed, each individual lawsuit will remain a separate and distinct claim. Because each man’s injury from Androgel will be different, the cases can not be tried through one class representative.

While coordinated actions would be taken during discovery and pretrial proceedings, each claim would ultimately have to go before a jury if Androgel settlement agreements are not reached by the manufacturer. Men pursuing a claim still need their own lawyers to establish that their injury was caused by AndroGel side effects and that the manufacturer failed to provide adequate warnings for consumers and the medical community.

The U.S. JPML is scheduled to hear oral arguments late next month, to consider whether to establish the Androgel MDL.

Androgel Lawyers Continuing to Review Cases

While the Androgel litigation remains in the very early stages, the lawyers at Saiontz & Kirk, P.A. are continuing to review and evaluate new cases for men who have suffered a heart attack, stroke, blood clot or sudden death after using a testosterone replacement therapy.

All claims are being reviewed by our Androgel attorneys under a contingency fee agreement, which means that there are never any out-of-pocket costs associated with hiring our law firm. Our lawyers receive no attorney fees or reimbursement of expenses associated with pursuing your case unless we are successful obtaining a recovery for your injury.

To learn more about these cases and find out if you may be eligible to join the class action over Androgel, request a free consultation and claim evaluation.