What Are Some Things To Know About Testosterone Lawsuits?
When It Comes To The Lawsuits In These Cases, What Are The Primary Allegations Being filed?
They basically stem around typical product liability and negligence claims. That is, these testosterone products, are products not much unlike anything else, like a car or a pen. Everything has a risk profile and that testosterone suffers from designed defects in that its risks outweigh its purported benefits.
The lawsuits also allege that the product labeling fails to properly and sufficiently warn of the risks, and that the company was negligent in its design, testing and manufacturing of their products that has resulted in people getting hurt.
Who Can Make A Claim Or File A Lawsuit? What Are Some Of The Conditions?
You have your own criteria for what you believe is a viable claim at least right now based on the scientific evidence. If someone has taken or been prescribed testosterone, whether as a cream or an underarm or in the cheek or injected, and they had an adverse health event such as a heart attack, stroke or blood clot like a PE or DVT that has resulted in a documented injury like hospitalization or document-able treatment, then that claim is probably viable.
A few years ago, the Supreme Court ruled that manufacturers of generic products are essentially immune from the lawsuit right now. There are a lot of generics compounded products on the market. To have a viable claim, you would have to have ingested the brand name product and then while on the brand name product, had suffered one of the injuries mentioned above and had documented medical treatment as a result.
What Is The Multidistrict Litigation For The Northern Districts Of Illinois? How Does Someone Get Involved?
There are so many of these types of cases filed or that are going to be filed, that a Mutlidistrict Llitigation or MDL was contemplated as being the most efficient way to bring all these cases to a conclusion. The purpose is to avoid different rulings in different jurisdictions and to really just centralize and make a litigation the most efficient for the litigants, for the court and for everybody involved.
That happened and the case has been centralized in the Northern District of Illinois with Judge Matthew Kennelly who is well-versed in multidistrict litigation. You may remember him from the Transdermal Fentanyl patch product liability litigation. He is an excellent judge; very no-nonsense, very fair, follows the law.
As far as who can get involved or should get involved, you really need to contact a lawyer. If you’re reading this and you think that you have been injured by a testosterone product, you need to start the process. If your case meets the criteria described earlier, then more than likely your case would be filed and potentially litigated in the MDL.
Is There A Statute Of Limitations On These Lawsuits?
Yes. Every state has a time limit on when a claim can be brought. In Alabama, for example, there is a 2-year time limit from the date the injury occurred. So, it’s not necessarily when you took the testosterone but when you were harmed by it and every state is different.
Some states have a discovery rule that would stop the clock from ticking until you knew or should have known that you had a claim and that your claim was based on the negligent conduct of somebody like the manufacturer of testosterone.
There are a lot of subtle intricacies of every state’s statute of limitations and if you do not file your case within that statute of limitations, it is a complete bar for any recovery. In other words, it’s as if your case did not exist. Therefore, it’s vital that if you think you have a claim, contact a law office like Peagler & Hollett as soon as you possibly can.
If you are not sure How To File A Testosterone Lawsuit, call the law office of Peagler & Hollett for a free initial consultation at (205) 871-9990 and get the information and legal representation you’re seeking.
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