The legal system seeks to offer an efficient resolution for victims of pharmaceutical injury. Multiple lawsuits were recently consolidated against a pharmaceutical company accused of concealing the risks of using the testosterone-replacement drug AndroGel. The consolidation includes makers of testosterone-replacement drugs which is a $1.6 billion industry annually. Abbott and AbbVie, a company Abbott spun off last year, make AndroGel which is part of the lawsuit. Also included in the lawsuit is Eli Lilly and Co., maker of Axiron.
The Food and Drug Administration has stated it will take another look at the safety of testosterone-replacement drugs following studies that showed that use of the pharmaceuticals increased the risk of heart attack and stroke. Forty-five AndroGel-based lawsuits have already been filed but following the consolidation, thousands of lawsuits are likely expected. The cases currently filed involve an $80 million marketing campaign begun in 2012 by Abbott and AbbVie to promote AndroGel for treatment of a condition known as “Low T.”
AbbVie, now responsible for AndroGel following the company spin-off, supported the consolidation and the panel of judges that approved the consolidation found there were common questions of fact. Other companies that sell testosterone-replacement drugs, such as Pfizer and others, objected to the consolidation. In some instances, a group of individuals who have suffered a pharmaceutical injury because of harmful drugs or defective drugs will have common interests in the litigation that allow them to bring a pharmaceutical liability class action to resolve the claims in a pharmaceutical liability lawsuit more efficiently.
A class-action lawsuit, or consolidating those against whom a pharmaceutical liability lawsuit has been brought, may sometimes be more efficient for all parties involved. When a drug liability issue arises, allow the parties to resolve the issues as efficiently as possible so all parties can move forward is a goal of the legal process.
