Arlene Fickler Comments on “Low T” Drug Cases

In The Legal Intelligencer‘s March 4, 2013 article, “‘Low T’ Drug Cases Could Be Next MDL, Mass Tort,” Schnader partner Arlene Fickler commented on the likelihood that recent testosterone product litigation would evolve into a mass tort. The article noted that lawsuits are being filed nationwide against the manufacturers of testosterone therapy drugs, alleging that the drugs are causing heart attacks, strokes, embolisms and death in male users.

As to the likely evolution of the litigation, Ms. Fickler predicted that it is “unlikely” that a class action will be certified in the litigation not only because it’s harder and harder  for a class to be certified in any type of litigation, but because it’s especially difficult for a class to be certified in personal injury litigation where, as in the testosterone cases, the injuries alleged are so substantial. Such claims certainly require individual resolution that could not be provided in a class action.