Three manufacturers of testosterone replacement therapies among several in a multidistrict litigation accusing the companies of failing to warn consumers about cardiovascular risks with their products, have notified an Illinois federal judge that they have reached a tentative deal to settle the cases in which they are named.
U.S. District Judge Matthew Kennelly told the manufacturers – Endo Pharmaceuticals Inc., Auxilium Pharmaceuticals LLC and GlaxoSmithKline LLC – that he would place a 45-day stay on the cases against them while the details of the settlement are worked out.
He also told the remaining defendants – including AbbVie Inc., and Actavis – that he may replace the settling defendants’ upcoming trials with trials against them. Auxilium’s bellwether trial is scheduled for April 6 and Endo’s bellwether trial is scheduled for Sept. 10.
Eli Lilly, another defendant in the multidistrict litigation, told the court in December that it had reached its own settlement.
Individuals in the multidistrict litigation accuse makers of testosterone treatments of failing to warn doctors or patients that use of their products could increase their risk for heart attacks, strokes and blood clots, some of which have been fatal.
The first bellwether trial involved AbbVie and its testosterone replacement therapy AndroGel. Plaintiff Jesse Mitchell accused the company of not adequately testing the drug to identify health risks as well as marketing the drug for off-label use to treat a made-up condition called Low T. Mitchell was awarded $150 million in punitive damages but no compensatory damages. The verdict was overturned in December and the terms of Mitchell’s retrial are currently under review.
The second bellwether also involved AbbVie’s AndroGel. That trial involved the case of Jeffrey Konrad, who was awarded more than $140 million in compensatory and punitive damages. AbbVie has asked the judge to reduce the award because Konrad’s punitive damages are a thousand times greater than his compensatory award.