Though lawsuits can help people who have suffered serious medical issues due to a testosterone therapy product recover substantial compensation, the lawsuit process can stretch on for multiple years.
Testosterone therapy products have been in the legal spotlight recently due to allegations of users developing serious medical conditions such as stroke, pulmonary embolisms, deep vein thrombosis, and heart attack.
Timeline of a Lawsuit
There are numerous stages of a pharmaceutical lawsuit, each of which can take some time. These may include the following:
- Pleadings— The plaintiff files a document called a Complaint with the court, which initiates the lawsuit. The defendant must be notified in a court-approved manner, and then has the opportunity to respond with a document called an Answer.
- Discovery— Discovery is, in short, the fact-finding process of a lawsuit. Both sides have many tools they may use to gather information and evidence to prove their claims or defenses. Discovery may include depositions, requests for document production, and much more. Discovery can be a very lengthy ordeal, however it is vital to the lawsuit process, especially for settlement negotiations or trial.
- Pretrial Motions— During this phase, each side has the opportunity to file motions before trial asking the court to decide issues such as which claims may proceed to trial, and what evidence can be shown to the jury.
- Settlement Negotiations— The courts and the parties tend to favor settlement because it avoids the uncertainty and expense of trial, and a potentially lengthy appeals process. Negotiations can be initiated at any time, but the court generally orders a conference with a mediator before the case can be tried.
- Trial— If the parties are unable to settle the case, and the numerous pre-trial requirements are satisfied, the case will proceed to trial. In trial, each side gets to present evidence and question witnesses in front of a jury, to attempt to prove their case. The judge then explains the legal rules that apply, and a judge or jury decides the outcome. Trials, especially those involving large corporations, may be long and expensive.
Every lawsuit is different, so there is not a direct answer as to how long your particular case will take. Overall, drug and medical device litigation can take several years to reach the stage of initial trials. When there are hundreds of plaintiffs each seeking an individual trial, it can take years to schedule them for trial of the parties are unable to settle them.
Contact a Product Liability Attorney for a Free Consultation
The attorneys at the firm of Lopez McHugh, LLP have experience handling product liability lawsuits, such as claims regarding testosterone therapy products. We can work diligently to attempt to get you the compensation you deserve. If you have suffered significant injury from testosterone therapy, contact our office today to discuss a testosterone lawsuit.