On June 6, 2014, the United States Judicial Panel on Multidistrict Litigation (JPML) (the panel) established MDL No. 2545, In re: Testosterone Replacement Therapy Products Liability Litigation and selected the United States District Court for the Northern District of Illinois as the transferee court. The Panel assigned this matter to the U.S. District Judge Matthew F. Kennelly for coordinated or consolidated pretrial proceedings.
Lawyers for Plaintiffs, representing folks injured by Testosterone drugs, favored consolidation of all testosterone manufacturers into one MDL proceeding. The Defendants’ positions varied significantly, with several Defendants, including AbbVie Inc. and Abbott Laboratories Inc., Eli Lilly and Co. and Lilly USA LLC, and Endo Pharmaceuticals, supporting the establishment of an all-testosterone replacement therapy MDL in the Northern District of Illinois. Defendants Actavis, Inc., Auxilium Pharmaceuticals, Inc., Pfizer, Inc. and Pharmacia & Upjohn Co. all generally opposed the creation of an MDL consolidating all testosterone products and argued alternatively that the MDL should only include testosterone gel products.
The Panel, after hearing arguments, issued the order consolidating all testosterone lawsuits on the grounds that all of the claims share “common questions of fact, and that centralization of all actions in the Northern District of Illinois will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation.” The Panel quoted the January 31, 2014, U.S. Food and Drug Administration (FDA) announcement that it is currently investigating the risk of stroke, heart attack, and death in men taking testosterone drugs approved by the FDA.
Lawyers in our firm’s Mass Torts Section are currently representing men who have been injured by their use of testosterone drugs. If you have any questions about the MDL, or believe you, a loved one, or client have been injured by a testosterone drug, contact Matt Teague, a lawyer in our firm’s Mass Torts Section, to discuss this litigation. Matt can be contacted at 800-898-2034 or by email at Matt.Teague@beasleyallen.com.
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