Testim is the brand name of a type of testosterone-boosting medication intended for use by men as a treatment for low testosterone. Low testosterone may be related to various physical symptoms such as decreased energy, lack of stamina, weight gain, and other conditions.
Testim is a gel that is formulated to be applied externally to the skin. It is supposed to increase testosterone levels, providing such beneficial effects such as increased bone density and increased sex drive.
Testim is a prescription medication, so a person can obtain it only with a prescription given to them by a licensed physician.
In recent years, lawsuits have been filed in connection with injuries and illness associated with the use of Testim and other drugs for the treatment of low testosterone. These usually focus on various side effects and negative health conditions caused by using the product in ways for which use has not been approved by the federal Food and Drug Administration (FDA).
What Are the Side Effects of Testosterone Treatments?
Use of testosterone-enhancing products such as Testim may cause some very undesirable side effects such as the following:
- Heart attacks;
- Strokes;
- Blood clots;
- Blood pressure issues;
- Deep vein thrombosis;
- Pulmonary embolism.
These risks are especially prevalent in men who are over 65 or younger men with pre-existing heart conditions. These are all conditions that can have a significantly negative effect on a person’s health. They can even prove to be fatal.
Reportedly, many research studies performed by institutions that were not drug companies have shown that there is a significant increased risk in cardiovascular complications, such as heart attacks, from using products aimed at increasing testosterone levels.
What Other Dangers Are Associated with Testosterone Products?
Since it is a topical gel, Testim can lead to skin irritation at the place of application. Also, there is a risk that other people might be exposed to it, and this can have negative health effects for them.
For example, a child or a pregnant woman might use a towel that a person used immediately after they have applied Testim. The drug can transfer from the towel to the other person. This can lead to dangerous situations, as Testim generally should not be used by children or pregnant women.
In addition, people who are not the intended users of Testim can come into contact with it on the skin application sites of those who use it as a treatment. Again, this should be avoided.
What Are the Legal Remedies for People Injured by Using Testim?
The most likely course of action for someone who suffers significant injury from the use of Testim or other testosterone products would be a medical malpractice lawsuit for damages. A common issue is one in which a person is prescribed Testim even though they do not suffer from low testosterone production and do not need such a product. A doctor may prescribe it anyways to treat other conditions for which it is not approved.
This can happen because a doctor misdiagnoses a person’s condition. Another possibility is an error on the part of a pharmacy. Also, testosterone products have sometimes been abused by people for athletic or cosmetic purposes. Or, doctors may prescribe it incorrectly and for the wrong reasons.
The starting point for this issue is to understand that the FDA approved the drug only for hypogonadism, a condition in which a patient’s body does not produce enough testosterone. Low T therapy has not been approved for a wide variety of other conditions, such as a decline in testosterone levels caused by age, a reduced sex drive, muscle loss, irritability or fatigue. Using it to treat these conditions is not approved and should not be done.
So, one possible avenue to recovery for injuries caused by Testim would be a lawsuit for medical malpractice against the doctor who prescribed it when it was not the indicated treatment.
In order to succeed with a medical malpractice case, a victim would have to prove the following elements:
- Duty of Care: A person would have to show that they were the patient of a doctor who owed a duty of care to act on the person’s behalf. The duty of care is a duty to treat the patient in a manner that conforms to the generally accepted standard of care for a doctor of the same type with their level of skill and training. So, the existence of a doctor-patient relationship is critical;
- Breach of the Duty: A successful medical malpractice lawsuit requires proof that the doctor breached the standard of care. A person can establish this proof with the help of expert witnesses. The victim must show that the doctor failed to offer the expected level of care for a doctor with their level of capability and training;
- Causation: The third element of medical malpractice involves establishing proof that the negligent care directly caused the victim’s harm. In other words, it is not enough to prove that there was negligent action. The victim needs to demonstrate that this negligent care was the direct cause of their injury or illness. If a person’s injuries are not the result of the breach of duty, then they would not succeed with a case alleging medical malpractice;
- Economic Loss from Harm: Finally, the victim must demonstrate that the harm they suffered as a result of the doctor’s action can be quantified. For example, they must prove expenses for medical care or lost wages related to their injury or illness.
To prove that an award of compensation is justified for the harm a person has suffered, a person would have to prove the economic loss related to the harm. So, they would be able to recover compensatory damages in an amount equal to the costs of all necessary medical treatment they received. Their damages would also cover any lost wages, the cost of future medical care, future lost wages and any loss of earning capacity. They would also be able to recover an amount that would compensate them for the physical pain and emotional suffering they endured because of their injuries.
Can I Sue the Manufacturer?
Many users have filed lawsuits that accuse the manufacturers of testosterone replacement medications of concealing the risks of blood clots, strokes and heart attacks. They have also alleged that the manufacturers intentionally minimized these risks, even violating federal law with aggressive marketing campaigns.
In one case in 2017, a jury awarded $150 million in punitive damages to a victim who suffered a heart attack. He claimed that the makers of AndroGel, a product similar to Testim, engaged in fraudulent misrepresentation in their marketing of the drug to consumers. The victim was awarded $140,000 in compensatory damages and $140 million in punitive damages, because of the egregious conduct of the pharmaceutical company. So, such lawsuits are possible.
Do I Need a Lawyer for Help with a Testim Lawsuit?
Injuries from testosterone boosters such as Testim and other similar drugs can be serious. They may involve heart attacks and strokes. In some cases, the injuries have been fatal. If you have suffered a significant injury because you used Testim or other comparable products, such as Androgel, you want to consult a class action attorney.
Your attorney will review the facts of your particular situation. They may enlist the help of experts to analyze your case and figure out if the doctor who prescribed Testim for you committed medical malpractice. If your attorney tells you that you have a case, they can prepare and file the lawsuit and represent you in court. A case for medical malpractice or some other legal cause of action regarding prescription medicines is challenging. You want an attorney with the right kind of expertise to assist you with it.
