Plaintiffs who used generic testosterone therapy products have filed lawsuits against the manufacturers of those drugs alleging that they were not adequately warned about the risk of side effects that came with them. However, the claim of failure to inform was denied to plaintiffs by a federal judge in the state of Illinois disallowed such testosterone therapy litigation. He did, however, allow plaintiffs to continue with allegations of fraudulent off-label marketing of the products.
The judge who is overseeing more than 3,500 lawsuits that have been consolidated is U.S. District Judge Matthew Kennelly. The lawsuits similarly allege that many testosterone products like AndroGel, Axiron, Testim and Androderm. Over time, these drugs became increasingly prescribed by doctors to male patients with low testosterone levels that were approved to treat certain medical conditions. Now because doctors are also prescribing these therapies to men who suffer from low testosterone, some of the men have used the product and have experienced severe side effects which include heart attack or stroke after using them.
Judge Kennelly’s ruling which was made in November of last year that dismissed all claims alleging failure to warn saying that generic drugs are required to provide the same warning labels as brand name pharmaceuticals. Since generic drug makers are not allowed to change the labels on these products, they are not liable for failure to warn.
Judge Kennelly did issue a memorandum opinion and order on March 7 that would permit plaintiffs to pursue claims of fraudulent off-label marketing.
Testosterone therapy remains popular even though the FDA has said that the risks of men undergoing testosterone therapy may have more increased health risks that outweigh any benefits derived from it. The FDA warned that some of the increased risks were those of stroke, heart attack or even death in some men.
AndroGel poses health risks that all men should be made aware of – especially if they are age 65 or older and even if they have no history of heart disease. Any man with any heart-related issues should not use AndroGel as it could cause serious health risks. If you or someone you love has suffered after having used AndroGel, contact the law offices of John Foy & Associates. Contact us today at 404-400-4000. Your initial consultation is free and if you have a case, you do not pay us until you receive financial compensation.