Androgel® Trial News
Eight Androgel lawsuits out of approximately 6,000 cases have been selected by Judge Matthew Kennelly in the Androgel® litigation for bellwether trials. The initial bellwether pool of cases consisted of 100 cases that were thought to be representative of the pool of 6,000. Four of the cases will be heart attack or stroke cases and the other four will involve claims of blood clot victims, deep vein thrombosis (DVT) or pulmonary embolism (PE). The initial group of eight bellwether trials are non-mixed use cases where the only prescription testosterone involved is Androgel®.
Cases for Axiron®, Testim®, Androderm®, Testopel® and Fortesta® will be addressed at a later date as well as mixed use cases.
If you are unfamiliar with Testosterone Replacement Product Liability Litigation, MDL No. 2545, the cases are about adult males who used prescription testosterone products and while using testosterone replacement therapy developed a heart attack, stroke (ischemic), deep vein thrombosis (DVT) or pulmonary embolism (PE).
What is a Bellwether Trial?
In selecting cases for bellwether trials it is important that cases selected are not atypical. The cases should not possess a unique set of facts. The over-riding criteria is selecting cases is that they should be representative of as many cases. Extremely unique cases do not further the goals of assessing the strengths and weakness of causation, both general and specific, core theories of liability, the adequacy of warnings, the role of marketing and promotion of Androgel and defense.
When is the Trial?
The first Androgel® case is set to start on June 5, 2017. While this seems like a long time away much work needs to be completed by then. For example, Judge Kennelly has set the following deadlines:
* 9/19/2016 Deadline for completing additional fact discovery in bellwether trial cases
* 10/24/2016 Deadline for plaintiffs’ expert witness disclosures,
* 11/29/2016 Deadline for defendants’ expert witness disclosures,
* 12/9/2016 Deadline for plaintiffs to request to disclose rebuttal expert testimony,
* 12/21/2016 Deadline for plaintiffs’ disclosure of rebuttal expert testimony, if allowed,
* 1/20/2017 Deadline for completing depositions of expert witnesses,
* 2/17/2017 Deadline for motions for summary judgment or partial summary judgment,
* 2/17/2017 Deadline for motions challenging expert testimony,
* 3/20/2017 Deadline for responses to summary judgment / expert motions,
* 4/10/2017 Deadline for replies on summary judgment / expert motions, and
* 5/8/2017 Target date for Court’s ruling on summary judgment / expert motions.
While the outcomes of the bellwether trials in the MDL are not binding they will be closely watched by the parties involved as they may highlight successful trail strategies and influence negotiations to reach Androgel® settlements.
The James Esparza Law Group has been selectively evaluating and accepting cases where an adult male has used Androgel® and while using the product developed a heart, stroke, deep vein thrombosis (DVT) or pulmonary embolism (PE). If you have a question, we can help. Simply click the contact below. Phone calls work as well.