Drug Injury FAQ - Do I Have to Join a Class Action Lawsuit? | Shapiro, Washburn & Sharp

There are a lot of lawsuits pending against the various testosterone drug therapy manufacturers, including suits against Androgel, Fortesta, Testim, Axiron. Lawyers have filed motions to consolidate all the lawsuits against all the manufacturers into one class-action lawsuit also known as a mass tort. If a judge decides to consolidate the cases, the only way you will be able to sue the manufacturer of the testosterone drug therapy medication that injured you will be to join the class-action suit against all the manufacturers. However, until that decision, you can still file an individual lawsuit against the manufacturer of your medication.

Consolidating the lawsuits into a class action suit has pros and cons. When you sue individually you are one person against a huge corporation. A corporation can draw out the litigation making it prohibitively expensive to continue. Being a member of a larger group helps to level the playing field; the class as a whole has more bargaining power to get a fair settlement. The major drawback of being a member of a class action lawsuit is that you have few options if you don’t like the proposed settlement. There are named plaintiffs in the case, and they decide whether to accept the settlement offer. Their decision is binding on you and the rest of the class. A judge must approve the settlement, and his job is to protect the interests of all class members, but once he approves the settlement you lose the right to have a trial and verdict.

If you are considering filing a lawsuit against a testosterone drug manufacturer, consider contacting our firm. We are experienced lawyers who are familiar with the newest developments in the ongoing testosterone drug therapy litigation, and we can help you evaluate your potential claim.