Testosterone Therapy Lawsuit in North Carolina

Start Your Free Review(800) 555-0100
Preparing your case review…
Written By
People's Justice Legal Research Team
Filing Venue

Where to File in North Carolina

North Carolina TRT cases filed in federal court — including the E.D.N.C., M.D.N.C., or W.D.N.C. — are transferred to MDL 2545 in the Northern District of Illinois before Judge Matthew Kennelly. North Carolina's fast-growing population, particularly in the Charlotte and Raleigh–Durham metro areas, has contributed significant MDL plaintiff numbers. MDL 2545 is largely resolved through global settlements, but new North Carolina cases alleging cardiovascular injuries from TRT products continue to be reviewed and filed.

North Carolina's statute of limitations for personal injury and products liability is three years under N.C. Gen. Stat. § 1-52(16) and § 1-46.1. North Carolina's discovery rule defers accrual until the plaintiff knew or should have known of the injury and its cause. However, North Carolina also has a ten-year statute of repose for products liability claims under N.C. Gen. Stat. § 1-46.1, which bars claims filed more than ten years after the last act or omission giving rise to the claim — typically the date of last TRT product use. Practitioners must evaluate both the SoL and repose bar for each North Carolina case.

North Carolina has rapidly growing metro areas — Charlotte, Raleigh, Durham, and Greensboro — with large male populations who received TRT prescriptions during the peak marketing years. The Research Triangle Park area has a concentration of healthcare providers and specialists who treated TRT patients. North Carolina also has significant rural populations with elevated cardiovascular risk, including the eastern and western regions where cardiovascular disease mortality rates exceed the national average.

North Carolina plaintiffs may file in North Carolina Superior Courts or in federal court. North Carolina follows the rule that contributory negligence bars recovery — one of the few remaining pure contributory negligence states — which defendants may attempt to invoke if the plaintiff had known cardiovascular risk factors. However, products liability claims in North Carolina are governed by N.C. Gen. Stat. § 99B-1 et seq., and failure-to-warn and design defect theories are well-established regardless of contributory negligence arguments in the prescription drug context.

FAQ

Frequently Asked Questions

The testosterone therapy (TRT) lawsuit involves men who used prescription testosterone products — including AndroGel, Axiron, Androderm, Testim, Fortesta, and Depo-Testosterone — and suffered serious cardiovascular injuries. Manufacturers allegedly marketed these products aggressively to men with normal age-related testosterone decline without adequate warnings about the risk of heart attack, stroke, and blood clots. The FDA issued a black box warning in 2015. Cases are consolidated in MDL 2545 in Chicago's federal court.
Key evidence includes: (1) prescription records or pharmacy records showing TRT use (AndroGel, Axiron, Androderm, etc.), (2) medical records documenting your cardiovascular injury — heart attack, stroke, DVT, or PE — including hospital records, discharge summaries, and test results, (3) timeline documentation showing TRT use preceded the cardiac event, and (4) records of any monitoring (or failure to monitor) hematocrit levels during TRT. An attorney can help obtain records through medical release authorization.
No. The testosterone therapy litigation is an MDL — multidistrict litigation — not a class action. MDL 2545 in Chicago's Northern District consolidated over 10,000 individual cases for pretrial coordination. Each plaintiff in MDL 2545 has their own individual case with individual compensation. The term 'class action' is sometimes mistakenly used in media coverage, but it is factually inaccurate for TRT litigation.
The MDL 2545 litigation includes: AndroGel 1% and 1.62% (AbbVie), Axiron (Eli Lilly), Androderm patch (Actavis/Allergan, now Teva), Depo-Testosterone injectable (Pfizer), Testim and Fortesta (originally Auxilium, later Endo Pharmaceuticals — now in bankruptcy), and Aveed (Endo). Generic testosterone products are also included. If you used any prescription testosterone product and suffered a cardiovascular injury, contact an attorney regardless of the specific brand.
You may qualify if you (1) used a prescription TRT product — including AndroGel, Axiron, Androderm, Testim, Fortesta, or Depo-Testosterone — for at least 30 days, and (2) were diagnosed with a heart attack, stroke, deep vein thrombosis (DVT), or pulmonary embolism (PE) during or within six months of TRT use, and (3) are within your state's statute of limitations (typically 2–3 years from the time you knew or should have known the injury was linked to TRT).
Settlement values in MDL 2545 vary by injury severity. Based on publicly reported data: DVT/PE cases without permanent injury have settled in the $15,000–$75,000 range; heart attack cases have ranged from $75,000 to $250,000+; stroke or permanently disabling cardiac events may reach $200,000–$600,000; wrongful death cases with strong facts have exceeded $500,000. AbbVie reportedly resolved its MDL inventory for an estimated $250M–$500M total (confidential). These figures are estimates only.
MDL 2545 — In re: Testosterone Replacement Therapy Products Liability Litigation — is the federal multidistrict litigation consolidating TRT personal injury cases in the U.S. District Court for the Northern District of Illinois in Chicago. Established in December 2014, it consolidated over 10,000 cases at its peak. MDL is not a class action — each plaintiff maintains an individual case. AbbVie's docket has largely been resolved; litigation against Eli Lilly (Axiron), Actavis/Teva (Androderm), and other defendants continues.
Yes. Statutes of limitations vary by state — most are 2–3 years from the date you knew or should have known your injury was linked to TRT. The 2015 FDA black box warning may trigger the discovery rule clock in some states. Filing a Short Form Complaint in MDL 2545 provides tolling protection for MDL inventory plaintiffs. Many attorneys recommend filing no later than 2 years from a cardiac event. If you used Testim or Fortesta (Endo products), bankruptcy trust claim deadlines apply — contact an attorney immediately.
AndroGel is a prescription testosterone gel manufactured by AbbVie Inc. and applied daily to the skin. At its peak, AndroGel generated over $1 billion in annual U.S. sales. AbbVie is accused of aggressively marketing AndroGel to men experiencing normal age-related testosterone decline — framing it as a treatable condition called "Low T" — without adequate disclosure of cardiovascular risks. AbbVie faced multiple bellwether trials in MDL 2545 and reportedly settled its global MDL docket for a confidential amount.
In March 2015, the FDA required all testosterone product manufacturers to add a black box warning — the agency's strongest safety label — specifically warning about the risk of venous thromboembolism (VTE), including deep vein thrombosis (DVT) and pulmonary embolism (PE). The FDA simultaneously restricted approved TRT uses to men with hypogonadism caused by specific underlying medical conditions, explicitly excluding normal age-related testosterone decline. A prior 2014 FDA communication had already flagged cardiovascular risk.
Yes, but the process is different. Endo Pharmaceuticals — which inherited Testim and Fortesta from Auxilium Pharmaceuticals — filed Chapter 11 bankruptcy in 2022. Claims against these products are now handled through Endo's bankruptcy trust, not through MDL 2545. Bankruptcy trust claim deadlines are set by the court and may differ significantly from standard statutes of limitations. If you used Testim or Fortesta, contact an attorney as soon as possible to protect your claim.
MDL (multidistrict litigation) is not a class action. In a class action, all plaintiffs share a single settlement regardless of individual injury. In MDL 2545, each plaintiff has their own individual case consolidated for pretrial purposes — including discovery and bellwether trials — but each receives individual compensation based on their specific injuries and damages. This distinction is important: in MDL, compensation reflects your personal injury severity, not a shared pot.
Back to Testosterone Therapy Lawsuit Overview