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What's Next for Thousands of AndroGel Lawsuits?

Sarah N. Emery
Associate Attorney at Schachter Hendy & Johnson PSC
Posted on Apr 06, 2015

More than 1,340 men are waiting to find out what will happen next in their testosterone lawsuits. These men include Bob Cripe who suffered a spinal stroke at age 46 after being diagnosed with Low T and starting Androgel. He remains paralyzed.

The U.S. District Court for the Northern District of Illinois holds monthly conferences on the progress of the cases. The next scheduled conference is on April 21, 2015 and will address the progress of the attorneys in uncovering the facts behind the case. The first trial is scheduled for the fall of 2016.

Schachter, Hendy & Johnson partner Ron Johnson notes these cases are different because testosterone was heavily marketed for a condition that the FDA hasn't even recognized as a disease, let alone approved any form of testosterone to treat. In other words, the millions of dollars that pharmaceutical companies spent on direct-to-consumer ads urging men to talk to doctors about Low T was off-label marketing to a greater extreme than anything the industry has seen before:

I've seen drugs with inadequate warnings or side effects that they should have disclosed and didn't. But what I haven't seen before is companies inventing a fake disease. Bob talks about having borderline Low T but there's no such thing as that. It was made up in marketing departments of drug companies. I've never seen this level of disease mongering.

Testosterone manufacturers used aggressive advertising to attribute a bunch of symptoms associated with aging - fatigue, loss of libido, and more - to Low T. For Bob Cripe, a client of Schachter, Hendy & Johnson, PSC, the ads were tantalizing:

There were a lot of commercials on at the time about looking younger, feeling younger, and yeah, that was a partial reason I went to see the doctor.  When I thought I could just rub this gel on myself and have all this vitality, it seemed like a no-brainer. I was all in.

The FDA has already made some of the changes that AndroGel attorneys hopes would come out of the AndroGel lawsuits. In May 2016, the FDA added warnings about blood clots in the legs and lungs. In March 2015, the FDA ordered that labels be revised to clarify what the proper use of testosterone is, and to include the increased risk of cardiovascular events like strokes and heart attacks. For plaintiffs like Bob Cripe, the hope is that this is enough to prevent another person from suffering unnecessarily:

I guess everyone wants to be better, but I was pretty good [without testosterone]. If there's a possibility someone could end up paralyzed the rest of their life or dead, the risk should only be taken by people who desperately need testosterone to live an ordinary life. I hope changes are made so this doesn't happen to someone like me in the future.

If you or a loved one suffered a pulmonary embolism, stroke, heart attack, deep vein thrombosis or blood clot after taking testosterone medications, like AndroGel, please call our experienced AndroGel attorneys at (888) 606-5297 for a free consultation about your potential AndroGel lawsuit.

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