Jurors in the fifth bellwether to be tried a multi district litigation (MDL) accusing testosterone replacement therapies of causing serious cardiovascular events found in favor of the defense. More than 6,500 cases remain in the MDL against testosterone makers, where previous verdicts have resulted in multimillion dollar awards to victims of testosterone side effects.
Arthur Myers and his wife Heather sued AbbVie Inc., in 2015, claiming Arthur was lured to seek specific testing and treatment for low testosterone by the drug company’s direct-to-consumer advertising for its top-selling testosterone treatment AndroGel.
In February 2008, Arthur suffered a pulmonary embolism, or blood clot in his lungs, which he claims was caused by his use of AndroGel. Arthur’s lawsuit claimed that AbbVie marketed the drug for “Low T,” a condition for which it was not approved, and that the company did not adequately warn that using the drug could cause serious injuries including heart attacks, strokes and blood clots in the deep veins and lungs.
AndroGel is indicated for men with hypogonadism, a medical condition in which men produce too little of the male hormone due to injury, defect or disease. Myers did not have hypogonadism, according to his medical records.
The multidistrict litigation involving testosterone replacement therapies names several manufacturers of testosterone treatments, but AbbVie faces the majority of cases in the MDL. Many of the companies, including Endo Pharmaceuticals Inc., Auxilium Pharmaceuticals LLC, and GlaxoSmithKline, have reached tentative settlements. More than 6,500 cases remain in the MDL, with new cases filed regularly.