On December 21, 2017, parties in the lawsuits against Eli Lilly alleging heart attacks and strokes from testosterone products informed Illinois Federal MDL judge, Matthew F. Kennelly, that they had reached a global settlement in all cases filed against the pharmaceutical company in the multidistrict litigation over testosterone replacement therapy products. The deal comes just before the company’s first bellwether trial. The terms of the proposed settlement were not announced. The judge gave both sides 45 days to finalize the terms of the settlement. The Court’s order (CMO No. 92) reads:
On today’s date, December 21, 2017, the Court has been advised by counsel for plaintiffs and counsel for defendant, Eli Lilly and Company, that they have reached a global settlement, including all filed cases. The parties have entered into a Memorandum of Understanding. Based on this report, the Court directs that all proceedings involving plaintiffs and Eli Lilly will be stayed for a period of 45 days so that the parties may devote their efforts to finalizing a Master Settlement Agreement. The parties are directed to report on a regular basis to Special Master Randi Ellis regarding their progress. These parties are relieved from any pretrial and trial deadlines relating to Eli Lilly cases. The two Eli Lilly-only bellwether trial dates (January 29, 2018 and March 5, 2018) are vacated, but the Court reserves the right to set other non-Eli Lilly cases for trial on either or both of those dates.
Currently, thousands of lawsuits have been filed by men who suffered serious side effects after taking various testosterone products, including heart attack and stroke. The claims against various testosterone replacement manufacturers, including not only Eli Lilly, but also AbbVie, Besins, and GlaxoSmithKline, allege that patients and their doctors were not warned of potential cardiovascular side effects for TRT products including AndroGel, Axiron and Testim.
Testosterone replacement therapy is approved by the FDA to treat hypogonadism, a medically diagnosed condition in which the body does not produce enough of the testosterone hormone. Although TRT was not designed to treat age-related testosterone decline, the claimants allege that the manufactures marketed the products as a “fountain of youth” and spent millions of dollars on advertising campaigns to convince men that common symptoms like low energy, moodiness, and low libido were due to low testosterone, and that AndroGel and other TRT products could help them feel young again. They allege the manufacturers also invented a nonexistent condition they called “andropause” or “low T,” which could be treated by testosterone replacement. These off-label uses are not only ineffective, but put men at increased risk for heart attacks, strokes, blood clots and death.
Borgess Law will continue to keep you updated on the status of the litigation and the settlement.
How We Can Help:
If you or someone you love has suffered heart attack, stroke or pulmonary embolism while on testosterone therapy, you should be aware of the ongoing litigation and the recent settlement with Eli Lilly.
Attorney Pamela A. Borgess, the founder of Borgess Law, LLC, has extensive experience with numerous national high-profile defective medical drug/device and consumer product cases, including testosterone cases. Attorney Borgess will happy to discuss your legal options. For more information about the testosterone product litigation or to discuss a potential claim, contact Borgess Law at (567) 455-5955. You can also contact Borgess Law by submitting an online inquiry. Borgess Law never charges for initial consultations. We welcome any questions you may have.