Testosterone Danger: What is the Legal Recourse?

Published on August 17, 2015 by

Thanks to the implications of recent studies regarding testosterone therapy, the manufacturers of these drugs now face a number of legal battles. For example, multiple lawsuits have already been filed against AbbVie, the manufacturer of Androgel, as well as Auxilium Pharmaceuticals, the manufacturer of Testim, and others. Plaintiffs involved in these lawsuits include men who experienced negative outcomes after using testosterone supplements, such as heart attacks, strokes or other serious side effects, as well as the family members of men who died after experiencing one of these events.

In fact, according to Harris Martin Publishing, more than a dozen federal lawsuits have already been filed against two manufacturers of testosterone supplements: AbbVie Inc. and Abbott Laboratories. These lawsuits accuse the manufacturers of "concealing cardiovascular risks associated with the testosterone replacement therapy AndroGel." Recently, these cases were all consolidated into a single class action case.

Another such lawsuit was filed in 2015 against Auxilium Pharmaceuticals, as well as a prescribing doctor. From the complaint:

"Plaintiffs asserted claims against Auxilium Pharmaceuticals, Inc., which manufactures, sells, and distributes a pharmaceutical product called Testim, and against Dr. Gregory Funk, who prescribed Testim for Brian Potts. Plaintiffs allege that Mr. Potts developed blood clots in his legs and pulmonary embolisms in both lungs from taking Testim."

"Plaintiffs have sued Auxilium for strict product liability, negligence, breach of implied and express warranties, misrepresentation, and fraud. They assert a claim of medical malpractice against Dr. Funk. Specifically, plaintiffs allege that Dr. Funk deviated from the applicable standard of care in prescribing Testim to Mr. Potts by failing to check his blood testosterone levels before and during his treatment with the drug and by prescribing Testim for an "off label" use and without first making a diagnosis of hypogonadism, the condition for which Testim is an approved medication."

In our next post we will discuss what a mass tort is and how they can help you get they can help you fight for justice.

If you would like to explore the possibility of bringing legal action to obtain compensation for medical problems, deaths or other issues related to Low T medications, please contact the experienced attorneys at Marc Whitehead & Associates, LLP at (855)-423-3666 to discuss your options.

For more information regarding the use of Low T drugs, please visit www.usacivialaction.com and download a copy of our free E-book, The Fall of Testosterone: How a Vaunted “Low T” Therapy Has Backfired and Put Millions of Men at Risk for Heart Problems and Stroke.