MDL 2545 Created in Illinois for Testosterone Products Liability Litigation

AndrogelThe US Judicial Panel on Multidistrict Litigation transferred 45 actions pending in four districts (listed below in Schedule A) to the Northern District of Illinois on June 6, 2015, and assigned them to Judge Matthew F. Kennelly for consolidated pretrial proceedings. The panel renamed the MDL caption to In re: Testosterone Replacement Therapy Products Liability Litigation.

The defendants include:

  • AbbVie Inc. and Abbott Laboratories Inc. (collectively Abbot)
  • Eli Lilly and Co. and Lilly USA LLC
  • Endo Pharmaceuticals
  • Actavis, Inc.
  • Auxilium Pharmaceuticals, Inc.
  • Pfizer, Inc.
  • Pharmacia

FDA investigation

On January 31, 2014, the U.S. Food and Drug Administration announced that it was “investigating the risk of stroke, heart attack, and death in men taking FDA-approved testosterone products.” Plaintiffs filed the actions in the wake of this announcement.

All the actions involve plaintiffs (or their survivors) who used one or more testosterone replacement therapies and contend that their (or their decedent’s) use of the drugs caused their injuries, which include heart attack, stroke, deep vein thrombosis, and pulmonary embolism. All testosterone replacement therapy actions share factual questions about general causation and the background science regarding the role of testosterone in the aging body (possibly including examination of the recent studies that prompted the FDA investigation), as well as involve common regulatory issues in light of the FDA’s announcement and subsequent actions, if any.

Henning v. AbbVie, Inc., Case: 1:14-cv-03384, is a representative example of a complaint. This case involves the prescription drug AndroGel, which is manufactured, sold, distributed and promoted by the Defendants AbbVie Inc. and Abbott Laboratories Inc. as a testosterone replacement therapy.

Defendants misrepresented that AndroGel is a safe and effective treatment for hypogonadism and a condition they referred to as “low testosterone,” when in fact the drug causes serious medical problems, including life threatening cardiac events, strokes, and thrombolytic events.

AndroGel causes the hematocrit level to increase, thereby thickening the blood. This effect, if not monitored and controlled properly, can lead to life threatening cardiac events, strokes and thrombolytic events. Defendants failed to adequately warn physicians about the risks associated with the AndroGel and the monitoring required to ensure their patients’ safety.

Defendants engaged in aggressive, award-winning direct-to-consumer and physician marketing and advertising campaigns for AndroGel. Further, Defendants engaged in an aggressive unbranded ―disease awareness‖ campaign to alert men that they might be suffering from ―low T or ―low testosterone.

Plaintiff Thomas Henning of Lansdale, Pennsylvania used AndroGel, according to his prescription, from May 2011 to February 2014. 60. On May 10, 2012, he suffered a STEMI – i.e., an ST segment elevation myocardial infarction – which is a heart attack that results when a coronary artery becomes completely blocked by a blood clot. Prior to using AndroGel, Plaintiff had no history of myocardial infarction or other heart attack.

SCHEDULE A

District of Colorado

SCHENKEIN v. ABBVIE, INC., ET AL., C.A. No. 1:14-00910                                       14cv4254

Northern District of Illinois

AURECCHIA V. ABBVIE INC. ET AL., C.A. No. 1:14-00772 MARINO v. ABBVIE, INC., ET AL., C.A. No. 1:14-00777 MYERS v. ABBVIE, INC., ET AL., C.A. No. 1:14-00780 CRIPE v. ABBVIE, INC., ET AL., C.A. No. 1:14-00843 JOHNSON v. ABBVIE, INC., ET AL., C.A. No. 1:14-00877 KELLY, SR. v. ABBVIE, INC., ET AL., C.A. No. 1:14-00879

GIBBY, ET AL. v. ABBVIE, INC., ET AL., C.A. No. 1:14-00917 HARDEE, ET AL. v. ABBVIE, INC., ET AL., C.A. No. 1:14-00918 LAU v. ABBVIE, INC., ET AL., C.A. No. 1:14-01298 BARTHOLIC v. ABBVIE, INC., ET AL., C.A. No. 1:14-01427 O’DONNELL v. ABBVIE, INC., ET AL., C.A. No. 1:14-01428 BLADES, ET AL. v. ABBVIE, INC., ET AL., C.A. No. 1:14-01471

CARPENTER, ET AL. v. ABBVIE, INC., ET AL., C.A. No. 1:14-01472 HUMPHRIES, ET AL. v. ABBVIE, INC., ET AL., C.A. No. 1:14-01473 DOBBS v. ABBVIE, INC., ET AL., C.A. No. 1:14-01474

HEADLEY v. ABBVIE, INC., ET AL., C.A. No. 1:14-01475 HUGHES, ET AL. v. ABBVIE, INC., ET AL., C.A. No. 1:14-01476 JACKSON, ET AL. v. ABBVIE INC., C.A. No. 1:14-01477 GORDON v. ABBVIE, INC., ET AL., C.A. No. 1:14-01478 JONES, ET AL. v. ABBVIE, INC., ET AL., C.A. No. 1:14-01479 KING, ET AL. v. ABBVIE, INC., ET AL., C.A. No. 1:14-01480 LEWIS, ET AL. v. ABBVIE, INC., ET AL., C.A. No. 1:14-01481 SAYLOR, ET AL. v. ABBVIE, INC., ET AL., C.A. No. 1:14-01482 CATAUDELLA v. ABBVIE, INC., ET AL., C.A. No. 1:14-01483 BAILEY v. ABBVIE, INC., ET AL., C.A. No. 1:14-01663 GORDON v. ABBVIE, INC., ET AL., C.A. No. 1:14-01665 WHITE v. ABBVIE, INC., ET AL., C.A. No. 1:14-01667 MONTGOMERY v. ABBVIE, INC., ET AL., C.A. No. 1:14-01668 ORTIZ v. ABBVIE, INC., ET AL., C.A. No. 1:14-01670

DELEON v. ABBVIE, INC., ET AL., C.A. No. 1:14-01673 DULA v. ABBVIE, INC., ET AL., C.A. No. 1:14-01726 LAROCHE v. ABBVIE, INC., ET AL., C.A. No. 1:14-01826

Northern District of Illinois (continued)

GEORGE v. ABBVIE, INC., ET AL., C.A. No. 1:14-02085 LUECK v. ABBVIE, INC., ET AL., C.A. No. 1:14-02140 EMMONS v. ABBVIE, INC., ET AL., C.A. No. 1:14-02221 DARBY, ET AL. v. ABBVIE, INC., ET AL., C.A. No. 1:14-02227 KOMRADA V. ABBVIE INC. ET AL., C.A. No. 1:14-02429

Eastern District of Louisiana

PEULER, ET AL. V. AUXILIUM PHARMACEUTICALS, INC., C.A. No. 2:14-0065814cv4255

LOCOCO, ET AL V. ABBVIE, INC., ET AL., C.A. No. 2:14-00774 BARRIOS, ET AL. V. ABBVIE, INC., ET AL., C.A. No. 2:14-00839

Eastern District of Pennsylvania

TEJEDA v. ABBVIE, INC., ET AL., C.A. No. 2:14-00946 HUSTED V. ABBVIE INC., ET AL., C.A. No. 2:14-02111

ALBRIGHT, ET AL. V. ABBVIE INC., ET AL., C.A. No. 2:14-02112 HARRIS, ET AL. V. ABBVIE INC., ET AL., C.A. No. 2:14-02113

 


Share this Post: