What Are The Outcomes In Testosterone Lawsuits?
Who Is All Liable In These Types Of Cases?
In the MDL, the only named defendants are the manufacturers of the very subtle testosterone products and there are probably about 10 or 15 and then there are 15 to 20 products. There is some state court litigation and in some of those cases, we’re seeing a lot of men’s clinics that are popping up.
They go on your local sports radio broadcast and they have this 20-second spot about a guy who has lost the ability to get an erection and it’s not any underlying medical condition but it’s our testosterone waning over time. And they say, “Hey, we can fix you. Come on into the men’s clinic.”
They are basically “diagnosing” these men with Low T or Andropause and giving them a shot of testosterone. But that’s not what the FDA approved these drugs for. It’s in the labeling what they are approved for. These physicians are actually abusing their medical privileges and can be liable for off-label prescription, failure to warn, and medical negligence claims. The office of Peagler & Hollett has seen some of those cases as well.
This statement is in no way trashing the clinics. Surely many people have received great treatment and the right treatment from some really great doctors. They are being used as an example of anecdotally some of the cases that are outside the MDL or some of the defendants that are not the makers of the products.
What Is The Process To Move Forward In The Lawsuit For These Testosterone Products? What Kind Of Medical Diagnosis Or Medical Proof Is Available In These Cases?
The typical process is that the client calls or comes in and tells the attorney about the situation. Hopefully they’ve got some prescription records in hand showing that they had ingested the testosterone product.
The attorney can take those scripts and do an analysis to the FDA’s website to see if it’s a brand or a generic. If they get past that first hurdle that it was a brand, then they have to investigate the injuries to see if the potential client was on testosterone at the time of the injuries.
Based on that initial client interview, the attorney will usually get HIPAA authorization to order the records, They will then examine those records and potentially get them to a third-party medical expert who can tell them whether or not that case is viable. Depending on the statute of limitations, they might immediately file it or they might continue to investigate. They may want to talk to the prescribing doctor and figure out what kind of warnings that doctor received from the manufacturer and what kind of promotional materials they were provided.
It’s like building the case. After filing it, they get into the litigation. A lot of these cases will not be litigated though. The Androgel claims, the bellwether and the trial pools have been selected and will occur in 2016. Most of the other products won’t see trial until 2017.
A lot of these cases will, for the lack of a better term, just sit minimally with some discovery obligations. As the cases are tried and the results obtained, good, bad or ugly, it is hoped that the rest of the cases are treated similarly.
What Type Of Compensation Might Be Available To Plaintiffs In These Cases?
Monetary damages are the only thing that civil justice system is really going to afford. It is really not known yet what a particular testosterone case is worth. The law allows pursuing special damages being the cost of the medical treatment that can be shown as reasonable and necessary to treat the injuries. You can also pursue future damages like lost wages, lost income, the ability to gain a meaningful wage in the future and then to an extent, non-economic damages like pain and suffering.
On the other side, there are punitive damages. If the manufacturers were conscious of the injuries and damages that their products were causing, yet didn’t do anything to warn the public or just disregarded those injuries and damages, they should be punished and deterred from acting that way in the future. In that case, then punitive damages will be requested and potentially awarded by a jury.
If you need information regarding The Outcomes And Compensation In Testosterone Lawsuits, call the law office of Peagler & Hollett for a free initial consultation at (205) 871-9990 and get the information and legal answers you’re seeking.
Get your questions answered - call us for your free, 20 min phone consultation (205) 871-9990