First Androderm Bellwether Trial Date Vacated

Introduction

A master settlement agreement has been finalized by the parties involved in the Androderm litigation against Actavis. According to the Docket Entry posted on July 26, the Court has announced that the first Androderm bellwether trial date scheduled for August 6 against Actavis has been vacated.

The claims in the litigation involve failure to warn charges regarding testosterone replacement therapy (TRT) side effects against Actavis and its subsidiaries. Other defendants in the TRT litigation are the makers of AndroGel, Axiron, Testim, and other TRT drugs, which have been reported to cause heart attack, stroke, deep vein thrombosis (DVT), pulmonary embolism (PE), blood clots, and other life-threatening health problems.

There are about 500 Androderm lawsuits pending before U.S. District Judge Matthew Kennelly, and he has agreed to put a stay on all cases involving Actavis and its subsidiaries. A series of bellwether trials has been lined up against TRT manufacturers as part of a multidistrict litigation (MDL No. 2545; In Re: Testosterone Replacement Therapy Products Liability Litigation) in the Northern District of Illinois for coordinated pretrial proceedings. Last year, Eli Lilly announced settlement for all cases involving their testosterone gel Axiron followed by Auxilium Pharmaceuticals, who also agreed on Testim settlement for about 1,300 lawsuits against them. These settlements would resolve about one-third of the TRT lawsuits from the MDL. Yet, AndroGel maker AbbVie has not yet declared any chances of TRT settlement and continues to defend large jury verdicts against them. About 19 AndroGel trials are scheduled for later this year.

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