Product Liability Lawyer Blog
According to a recent article in the Sun News, patients in Canada are filing a class action lawsuit against the manufacturer of a testosterone replacement therapy (TRT) drug. The drug in question is Delatestryl, which is a form of testosterone delivered by injection. TRT drugs can be delivered by injection, skin gels, transdermal patches, and pills.
This TRT class action lawsuit is asserting negligence under a failure to warn theory. As your Boston testosterone replacement therapy attorney can explain, one of the typical reasons for filing a lawsuit against a drug company is because the company failed to warn patients of dangerous side effects that were known to the company. This is also sometimes called a deceptive marketing lawsuit.
In the case discussed in this article, the plaintiffs are alleging that they suffered from adverse cardiovascular events and that the drug manufacturer failed to warn both doctors and patients that TRT drugs are known to cause heart attacks, stroke, and deep vein thrombosis (DVT), which can lead to the potentially fatal occurrence of a pulmonary embolism. This the medical term for a clot that forms in the veins of the legs (DVT) and travels through the circulatory system to the lungs, where it can cause a hole and internal bleeding.
In any negligence case, the plaintiff is asserting that the defendant owed a duty of care to the plaintiff and breached that duty of care. In the case of a testosterone replacement therapy class action, patients have been subjected to substantial harm and potentially death by taking a drug that was marketed as a way to improve their lives.
Drug companies have marketed TRT as a virtual fountain of youth. According to claims, it can reverse symptoms of male aging including sexual dysfunction, decreased muscle mass, weight gain, thinning skin, and a variety of other conditions. The marketing firms for drug companies created terms like “low t” to use in advertising campaigns. The problem, as testosterone replacement therapy class action plaintiffs allege, is that the drug companies were aware of the many dangerous side effects previously discussed and hid that information from doctors and patients.
It is one thing for a doctor to sit down with a patient and explain the possible side effects and let the patient make an informed decision about whether or not he wished to take testosterone replacement therapy medications. The patient may decide that it is worth the known risks and decide to take the drugs anyway.
On the other hand, if the drug company has not informed doctors of known side effects, there is no way for the doctors to warn patients. The drug company also has a responsibility to warn potential patients since their drugs are marketed directly to patients through advertising campaigns.
These days, drug companies are required to perform many studies and inform the FDA of any adverse events (side effects), so it more likely than not that they will learn of potential side effects before bringing a drug to market.
Call the Boston Jeffrey Glassman Injury Lawyers for a free and confidential appointment — (617) 777-7777.
Additional Resources:
Canadian patients file class action lawsuit over testosterone drug, July 23, 2014, Sun News
More Blog Entries:
FDA Announces Testosterone Meds Must Carry Broader Warning, July 7, 2014, Boston Products Liability Lawyers Blog