Peter Goss recently discussed the FDAs investigation of several testosterone
therapy drugs with the
Kansas City Business Journal. Wendt Goss is one of several law firms accepting cases nationally to
help pateints who maybe have been injured by a drug such as Andro Gel,
Axiron, Testim, Androderm, Delatestryl or Fortesta.
See the full article below:
KC law firm gets pumped for testosterone litigation
Kansas City Business Journal
Food and Drug Administration is reassessing the safety of popular drugs used to treat low testosterone
in men. And one Kansas City law firm is betting it ends in massive amounts
Peter Goss, a partner with personal injury firm Wendt Goss PC, said the firm became
aware of the cases when the FDA made its advisory at the end of January.
The agency already had approved the drugs — AndroGel, Axiron, Testim,
Androderm, Delatestryl and Fortesta — but decided to reassess their
safety after reports that they caused heart attacks and strokes.
"Because of the FDA advisory, it led us to begin investigating cases,"
Goss said. "And just around that time we had been contacted by a
few people who had this exact thing happen to them."
The FDA advisory followed a report in the
Journal of the American Medical Association, which reported a 30 percent increased risk of stroke, heart attack and
death in the groups that had been prescribed testosterone therapy.
"Since then, litigation has been building momentum nationally, and
everybody's waiting to see what the FDA does," Goss said. "It's
a very hot topic amongst both the plaintiff and defense bar. ... We believe
there's cause of action for a product liability case or a failure
to warn case that plaintiffs lawyers are starting to develop."
Goss said a number of clients already have retained the firm, which plans
to begin filing the its first lawsuits in the next couple of weeks.
A handful of others have been filed in different courts throughout the
country, Goss said. They're the first of what he anticipates will
be many more, with potentially thousands of plaintiffs.
Goss said there's also a general feeling among some in Kansas City
that this is a good opportunity to bring a large case like this one to Missouri.
"I think that there are some law firms in town that have been wanting
to have a panel consolidate some of these big pharmaceutical cases in
Missouri," he said. "And I think there are some new federal
judges on the bench that are ready, willing and able to accept one of
these cases, and I think that's very important when the panel makes
However, he acknowledged that it's nearly impossible to predict how
the deciding panels determine where cases get consolidated.
"At some point, the parties in the litigation will probably ask the
federal courts to consolidate all the lawsuits," he said. "We
anticipate potentially being involved in that process and asking the multidistrict
panel to consolidate in a venue that we feel is beneficial for our clients."