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What Legal Theory Allows Lawsuit For Testosterone Therapy (AndroGel)

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TomBrooklyn

Junior Member
Any State

What legal theory allows someone who regularly ingests a powerful drug such as testosterone, and then suffers side effects, to sue the drug manufacturer?
 


Zigner

Senior Member, Non-Attorney
Any State

What legal theory allows someone who regularly ingests a powerful drug such as testosterone, and then suffers side effects, to sue the drug manufacturer?
Sorry, US law only.
Sorry, we don't do homework.
Sorry, we don't do hypotheticals.

(Did I cover it all?)
 

Mnemosyne

Member
Sorry, US law only.
Sorry, we don't do homework.
Sorry, we don't do hypotheticals.

(Did I cover it all?)
If this isn't homework (hey, I can dream)...
Was the drug prescribed by a licensed medical practitioner?
Was the drug administered per the practitioner's instructions?


AndroGel is for topical use. One ought not ingest the stuff. ;)
 

quincy

Senior Member
Any State

What legal theory allows someone who regularly ingests a powerful drug such as testosterone, and then suffers side effects, to sue the drug manufacturer?
Going with Mnemosyne's idea that this might not be homework or a hypothetical and is a U.S. law-based question, there are three theories of product liability - negligence, breach of warranty, and strict tort liability. You can research these, TomBrooklyn, to see what each involves.

The state matters, however, as states handle these in different ways. There are very few "any state" laws.

A drug manufacturer has several defenses that it could use in any suit brought against it. These include a statute of limitations defense, a statutes of repose defense, an unavoidable danger defense, a federal preemption defense, a failure to mitigate defense, and contributory or intervening or superseding negligence defenses. A misuse of a product (ingesting a topical medicine), which would fall under contributory negligence, can be a complete defense to liability for the manufacturer in some states.
 
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