The family of a man who used the Androderm patch has filed a wrongful death lawsuit against the manufacturer. The family claims that using this form of low testosterone medication led to the man’s death. Actavis Pharmaceuticals has been named as the defendant. The family claims that the cause of death was a series of strokes that the man suffered as a result of using the Androderm patch. The lawsuit was filed a few weeks ago in the Federal District Court in Utah. In addition to the claim that using the Androderm patch led to the man’s death, the family makes several other allegations against Actavis Pharmaceuticals in the complaint.
Factual Background of the Case
According to the complaint filed for the case, the man began to use the Androderm patch as part of his testosterone replacement therapy, or TRT, in October of 2005 when he was 64 years old. He used the patch until February of 2008. He stopped using the product for a period of five months before starting again in July of 2008. He continued to use the patch until May of 2012. During that time, the man was diagnosed with deep vein thrombosis, or DVT, in October of 2011. After he stopped using the patch the second time, the man suffered strokes in June and in July of 2012, and he ultimately passed away in August of 2012.
Causes of Action Stated in the Complaint
The plaintiffs specify eight different causes of action in the complaint, and many of them are quite common in these types of matters. Those causes of action include:
- Strict Liability/Failure to Warn
- Breach of Implied Warranty
- Breach of Express Warranty
- Negligent Misrepresentation
- Wrongful Death
- Survival Action
To summarize the causes of action, the family basically claims that the Actavis Pharmaceuticals either knew or should have known about the risks of heart attacks and strokes that were associated with this product. In addition, the plaintiffs allege that the defendant continued to aggressively market their product directly to consumers, urging them to ask their doctors about the potential benefits of testosterone replacement therapy.
Finally, the plaintiffs allege that the defendant willfully and knowingly deceived the public with regards to the potential for dangerous TRT side effects. This allegation led to a claim for the recovery of punitive damages from the defendant. Punitive damages are sought when a defendant engages in willful conduct that leads to serious injuries or worse. The plaintiffs are also seeking several different forms of compensatory damages that are associated with the man’s medical care, legal costs and any other forms of recovery that the court deems proper.
Testosterone Replacement Therapy Lawsuits and Your Legal Rights
There is a growing fear that a large number of men or their surviving family members will encounter the need to file testosterone replacement therapy lawsuits. If you find yourself in this difficult position, contact the testosterone side effects lawyers at Parilman & Associates today to schedule a free initial consultation. You can either email the firm or call 800-800-DRUG.