According to Fierce Pharma, Endo International has entered an agreement to finalize 1,300 claims that involved a testosterone drug. In early June of 2018, the company published a “master settlement agreement” that settles “all known” cases filed against it. Endo will put money into a settlement fund. Claimants may obtain damages from this fund and let go of their claims.
The settlement agreement makes no mention of wrongdoing on behalf of the company.
At the end of 2017, Endo put $200 million in its legal fund that would cover its expenses in testosterone product claims. In May, Endo stated that around 1,300 claims had been filed over the testosterone product. Roughly 900 of the claims have been grouped into multidistrict litigation. Endo, as well as other pharmaceutical companies, have been named as defendants in those claims. Some of the claims were filed in the Northern District of Illinois; the remainder was processed in the Court of Common Pleas in Philadelphia and a number of state courts.
According to the complaints, Endo and other pharmaceutical companies “overmarketed” testosterone substances and downplayed safety concerns. Some consumers suffered severe health complications as a result.
Last year, Endo prevailed in a bellwether trial that sought to resolve questions of liability about its testosterone drugs. A man from Tennessee argued that Endo’s drug, Testim, resulted in his heart attack. Once Endo prevailed in that case, the company and opposing counsel drafted a memorandum of understanding that discussed a potential agreement. The court put the remaining claims against Endo on hold while the parties discussed settlement terms.
In Endo’s most recent SEC filing, it stated that it “believes it has appropriately estimated the probable total amount of loss associated with testosterone-related product liability matters.” It also noted that the lawsuits could cost more than the $200 million it had set aside.
The chief legal officer of Endo, Matthew J. Maletta, commented, “We expect the master settlement agreement, and case management order will collectively assist claimants to move forward with their lives and permit Endo to move forward with an even greater focus on its core business priorities.”
Endo is not alone in its unfortunate position. A number of pharmaceutical companies are facing legal action due to injuries allegedly caused by testosterone products. For example, AbbVie is a named defendant in about 4,600 claims in multidistrict litigation, and Eli Lilly is fighting about 500 claims. In total, there are close to 8,000 lawsuits that stem from testosterone drugs.
Eli Lilly has also joined plaintiffs in a memorandum of understanding that lays out possible settlement terms in claims involving Axiron.
AbbVie is struggling to finalize claims filed over its drug AndroGel. The first trial resulted in a $150 million verdict against the pharmaceutical company. However, a judge ended up throwing the ruling out. At the subsequent retrial, the company was ordered to pay $3 million in damages. Since that time, AbbVie has prevailed in one claim and has been defeated in another. A few months after the first trial, another jury concluded that the company should pay claimants $140 million. AbbVie has stated it will appeal that decision.
As for Endo, over the past few years, its market value has dropped by more than 90 percent. In 2017, the company’s write-downs exceeded $5 billion. In March, Endo entered into a $170 million settlement in claims involving Lidoderm. The company had been accused of engaging in pay-to-delay practices.
Endo is also under fire for its alleged role in the opioid epidemic. The company is a defendant in several cases filed by cities, counties, and other municipalities. The lawsuits allege that the pharmaceutical industry “grossly misrepresented” the dangers of opioid use.
How do you hold pharmaceutical companies liable for defective or dangerous drugs?
Pharmaceutical companies, drug-device manufacturers, and similar entities have a duty to provide products that are safe for consumption. If a company sells a defective product, that company may be liable for the injuries that occur. Consumers who are injured by defective products do not actually have to show that the company was negligent in its design, creation, or marketing of the product. Instead, they must show:
- The product was being used as directed or as anticipated by the company
- The product was defective
- The consumer was injured
- The consumer’s injuries were due to the defective item
Each of these elements must be proven for a consumer to prevail in a products liability claim. If one of the elements cannot be supported with evidence, the claim fails, and the consumer is responsible for his or her financial losses. However, with the assistance of an experienced products liability attorney, the odds of prevailing are much higher.
There are three types of product defects:
- Design defects
- Manufacturing defects
- Marketing defects
Design defects stem from an issue with the way the product was envisioned by the manufacturer. For example, perhaps a medication was designed with a specific ingredient in a new type of formula. However, the ingredient ends up being harmful to many consumers who take the drug. In this case, the injured consumers may have a claim for a design defect against the manufacturer.
Manufacturing defects occur during or after the production of the product. In the medication example, perhaps a shipment of the substance becomes overheated on a truck because it was not packaged correctly. The medication is ineffective as a result of the heat. If the medication’s altered state injures consumers, they may have a claim against the manufacturer.
Marketing defects occur when a company fails to warn or provide adequate instructions with a product correctly. Consider what would occur if the medication mentioned above should not be consumed with alcohol because it could cause liver damage. A consumer has no knowledge of this risk and takes the medication while having a few beers. If the consumer is harmed as a result, the consumer may be able to file a claim against the manufacturer.
In any product, a single defect may be present, or two or all three types of defects may be present. Your products liability attorney will identify all defects in a product and will pursue all avenues of recovery against the manufacturer so that you obtain as much compensation as possible in your case.
If you prevail in your case, you may be entitled to several types of compensation, including:
- Lost wages
- Loss of employment benefits
- Medical expenses, including an estimated cost of future medical care
- Loss of consortium
- Pain and suffering
- Emotional distress
- If death has occurred due to a defective product, surviving family members may seek funeral and burial expenses. In addition, they may file a claim for the value of the deceased’s future earnings.
With the assistance of an attorney, you may rest assured that all types of damages are pursued.
Parker Waichman LLP is Reviewing Testim Heart Attack
The Testim heart attack lawsuit attorneys at Parker Waichman LLP have experience in various types of product liability claims, including those that involve medical devices and medications. To schedule your free meeting with us, call 1-800-YOURLAWYER (1-800-968-7529).
New York | Brooklyn | Queens | Long Island | New Jersey | Florida
Call us at: 1-800-YOURLAWYER (800-968-7529) | Schedule your free consultation
Did you or a loved one suffer a heart attack due to Testim?Click To Get A Free Case Review