U.S. District Judge Matthew Kennelly presides over all federal lawsuits involving Axiron and other testosterone replacement products, which were widely advertised toward aging men for the treatment of “Low T.”
The first trial date has been set for January 28, 2018, involving a man who suffered blood clots in his legs (“deep vein thrombosis”) in 2014 after using Axiron for testosterone replacement therapy. He accuses Eli Lilly of aggressively promoting Axiron without safety warnings.
The second trial date has been set for March 7, 2018, involving a man who suffered a heart attack a few days after he started Axiron in 2013.
Judge Kennelly established a “bellwether” trial program in the Axiron litigation to determine how juries will respond to evidence and testimony. Lawyers will likely use the outcomes of these trials to engage in settlement negotiations or dismissal for similar lawsuits.
Several early trials have already resulted in massive jury awards in favor of men who had blood clots and heart attacks after using Androgel, a testosterone gel product made by AbbVie.
The awards include a $150 million verdict in July 2017, and a separate $140 million verdict in October 2017.
The first trial involving Testim, another testosterone gel product made by Auxilium, ended in a defense verdict last month. The plaintiff was a man who had a heart attack after using Testim for low testosterone.