Man sues over allegedly dangerous prescription testosterone

By Dan Harkins | Jun 25, 2015

Joins growing list of plaintiffs suing AbbVie over AndroGel

A local man is joining the list of people suing the makers and distributors of a testosterone replacement drug that's allegedly hazardous to a person's health.

Russell Barone filed a complaint June 22 in Cook County Circuit Court against AbbVie Inc., Abbott Laboratories, Besins Healthcare Inc., Besins Healthcare S.A., Unimed Pharmaceuticals LLC, AbbVie Products LLC and Solvay S.A.

This complaint concerns a previous case, 2014L003814, involving the prescription testosterone replacement therapy drug AndroGel, which is made or brought to market by the defendants.

Barone was prescribed the drug, the lawsuit states, "when [the defendants] knew, or with the exercise of reasonable care should have known, of the hazards and dangerous propensities of this drug and thereby actively participated in the tortuous conduct which resulted in the injuries suffered by .. Barone."

The defendants continue to allege that the product is "safe and free from serious side effects," the lawsuit states. Barone's attorneys allege otherwise in several liability counts that cite scientific evidence that the drug is in fact hazardous, the lawsuit states.

As a result, according to the complaint, Barone suffered "injury, harm, damages, economic and non-economic loss, and will continue to suffer."

The plaintiff, citing strict product liability, negligence, breach of implied and express warranty, fraud, design defect and negligent misrepresentation, seeks unspecified damages to cover lost earnings, medical expenses, past and future mental and emotional duress, punitive or exemplary damages, restitution, injunctive relief; attorney's fees, court costs and pre-judgment interest.

The plaintiff is represented by Michael J. Quillin of Onder, Shelton, O'Leary and Peterson LLC in St. Louis.

Cook County Circuit Court Case No. 2015L006362.

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