The first Testosterone Replacement Therapy (TRT) bellwether trial, Konrad v. Abbvie, et al., ended in a mistrial on June 12 due to an illness suffered by one of the co-lead lawyers, Chris Seeger. The trial began as scheduled on June 5 in the U.S. District Court for the Northern District of Illinois before Judge Matthew Kennelly. Prior to the order declaring mistrial, we had presented two witnesses in our case-in-chief.
The first was Dr. David Kessler, a former Food and Drug Administration (FDA) Commissioner under Presidents George H.W. Bush and Bill Clinton, who testified that the manufacturers of Androgel improperly marketed the drug outside of its approved indication and failed to test the drug in that population.
Dr. Ardehali, a physician/scientist at Northwestern University, was the second witness. He testified Androgel has adverse cardiovascular risks for which there was no warning.
There are more than 7,000 claims pending against the manufacturers of testosterone treatments alleging they did not adequately warn users of potential cardiovascular side effects. In 2015, the FDA required manufactures of TRT to provide new warnings regarding adverse cardiovascular events and that TRT is not approved for use in men suffering age-related testosterone decline. The Court will proceed with the next bellwether trial on July 10, 2017, as scheduled and has reset the Konrad trial for Sept. 18, 2017. The remaining bellwether trials against the manufacturers of Androgel are scheduled through April 2018.
The cases are consolidated under U.S. District Judge Matthew Kennelly. Beasley Allen lawyer Matt Teague is a member of the Plaintiff’s Steering Committee (PSC) and is handling testosterone replacement therapy litigation for the firm. Matt is one of the lawyers trying the Chicago case with Chris Seeger and other members of the PSC. For more information, you can call Matt at 800-898-2034 or email Matt.Teague@beasleyallen.com.
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