Merck agrees to settle 562 Propecia/Finasteride US lawsuits


#1

Really surprised I’m the first to post this…

https://www.lexislegalnews.com/articles/25761

562 Propecia Sexual Side Effects Cases Said To Be Under Confidential Settlement

Mealey’s (April 10, 2018, 11:39 AM EDT) – BROOKLYN, N.Y. — A confidential master settlement agreement (MSA) for 562 Propecia injury cases was signed April 9, according to a letter by the parties to the New York federal judge overseeing the drug’s multidistrict litigation (In Re: Propecia [Finasteride] Products Liability Litigation, MDL Docket No. 2331, No. 12-md-2331, E.D. N.Y.).

(Letter available. Document #28-180419-002X.)

In a letter to U.S. Judge Brian Cogan of the Eastern District of New York, the MDL Plaintiffs’ Executive Committee and defendant Merck & Co. Inc. say the MSA will resolve…[paywall cuts off further details]


Have you tried the CDnuts protocol?
Did any one attempt to sue merck for pfs and won?
#2

Anybody have USEFUL info to add? For example, will Merck contest new lawsuits?


#3

Here’s the full article.

562 Propecia Sexual Side Effects Cases Said To Be Under Confidential Settlement

Mealey’s (April 10, 2018, 11:39 AM EDT) – BROOKLYN, N.Y. — A confidential master settlement agreement (MSA) for 562 Propecia injury cases was signed April 9, according to a letter by the parties to the New York federal judge overseeing the drug’s multidistrict litigation (In Re: Propecia [Finasteride] Products Liability Litigation, MDL Docket No. 2331, No. 12-md-2331, E.D. N.Y.).
(Letter available. Document #28-180419-002X.)

In a letter to U.S. Judge Brian Cogan of the Eastern District of New York, the MDL Plaintiffs’ Executive Committee and defendant Merck & Co. Inc. say the MSA will resolve 562 claims in the MDL and in New Jersey’s Propecia multicounty litigation in the Middlesex County Superior Court.

The parties tell the court that the terms and conditions of the settlement are confidential. They say they will ask for permission on April 10 to file the MSA and associated exhibits under seal.

The parties also say they will submit an ex parte motion, brief and proposed allocation plan to the court, along with a proposed order approving the allocation plan.

Opt-Out Settlement

Once the court approves the allocation plan, the parties say they will request an order from the court with a deadline, including an evaluation date and a final opt-out deadline.

Finally, the parties request a stay of Propecia litigation, including briefing in four bellwether trials, through Aug. 15. They say that will give them time to evaluate what claims will participate in the settlement.

The number of cases expected to be settled is only part of the number listed on court dockets and in a Merck Securities and Exchange Commission filing. As of March 15, the Judicial Panel on Multidistrict Litigation listed 884 active cases in the MDL, down from a high of 1,178.

Courts List 1,041 Active Cases

As of April 2, the Middlesex County Superior Court listed 157 active cases. Combined with the MDL, that would account for 1,041 active cases, roughly double the number listed as being settled by the MSA.

In its Feb. 27 Form 10-Q filed with the SEC, Merck said that as of Dec. 31, there were 775 pending lawsuits alleging injuries from Propecia or Proscar, another Merck drug with the same active ingredient.

When the MDL was created in 2012, Propecia plaintiffs alleged that the drug caused persistent sexual side effects in men who took it to treat male pattern baldness. Plaintiffs allege that the side effects continued even after they discontinued Propecia.

Additional Side Effects

According to Merck’s Form 10-Q, there are about 20 cases in which men allege that Propecia or Proscar caused prostate cancer, testicular cancer or male breast cancer.

In 1992, the Food and Drug Administration approved Proscar-brand finasteride to treat benign prostatic hyperplasia (enlarged prostate) in men. Some patients with male pattern baldness noticed that they regrew hair while on Proscar, so Merck in 1997 got approval to also sell finasteride under the name Propecia.

The MDL judge in 2016 selected four cases for bellwether trials, but the trial plan was vacated in January 2017. The court later ordered the first bellwether tranche to be ready for trial by March 2018.

The MDL has been marked by numerous filings under seal.

Counsel

The Plaintiffs’ Executive Committee is represented by Timothy J. Becker of Johnson Becker in St. Paul, Minn.

Merck is represented by Charles F. Morrow of Butler Snow in Memphis, Tenn.


#4

“The parties tell the court that the terms and conditions of the settlement are confidential.”

Remaining are: “884 active cases”

They probably paid those guys off. This should make more people aware but besides that I don’t know. Even if Propecia gets discontinued as a brand, which I think is the best realistic case scenario out of these lawsuits, the generic version of finasteride will still be out there. The same thing happened to the Accutane brand but Isotrentinoin is still being prescribed in the country and worldwide. The only thing that gives me hope is the notable difference that finasteride has the PFS Foundation while no foundation was built for Isotrentinoin. Another benefit is that finasteride will continue to be given to people for enlarged prostates which is a non cosmetic reason so more cases of PFS will continue to increase leading to further scrutiny.


#5

I read that those involved in the case will only get a few thousand dollars compensation.

That is very little money for having your life destroyed.

I don’t understand how they would agree to stay quiet about the settlement for that little money.


#6

As part of any settlement Merck should be forced to fund research into the cause of pfs and come up with a cure. Wishful thinking of course.


#7

Here’s a link to some settlement docs:


mobile.twitter.com/MeTooPropeci … 4878914561

So it’s a $4.5 million settlement for 562 plaintiffs, or about $9,000 each. The settlement must be approved by the judge.


So, I was a lawyer for 20 years and this settlement is comically low, almost “nuisance value.” So I would not be interested.


While I have your attention, I would like to remind you that a 4 hour injection of methyl steroids into my bloodstream - recommended by the Mayo Clinic (best hospital in US!) - POSSIBLY 100% cured my 100% impotence. (I had ZERO libido for two years but it came roaring back in Jan 2017; steroids in Feb; I was 100% impotent until June 2017; impotency 100% cured beginning June and ever since to date). Of course, I still suffer 100% insomnia, speech severely impaired, and mybalance/walking/fine motor skills are wrecked.


#8

Just to clarify, my insurance companies and I have spent $500,000+ on my healthcare since 2015.

Only two of my 50+ doctors believed my “PFS theories” and the rest just totally ignored them or thought I was a moron/deluded.


#9

Why did they roll on their back and accept such a pitifully low amount?


#10

I think that’s how it goes for group/class action lawsuits, there’s a higher chance of victory but the downside is that the payout is often small.

There might be some people suing independently that will probably get higher compensation as the case with some accutane users - weitzlux.com/firm-news/accu … n-verdict/


#11

80 percent of these cases were thrown out by plaintiffs so called expert doctor that our incompetent lawyer refuses to allow us to talk with, First her law firm failed to sue the correct party which was a generic finasteride brand . Secondly the VA via an FOIA act request our negligent incompetent attorney refused to give to the court and the sio called expert showed that tha Veterans Administration had absolutely no warning labels of adverse finasteride symptomology between 2009 and 2014 despite FDA permanent adverse syumptomology warnings. My VA uriologist despite total impotency and lack of sexual desire and interest as do all VA doctors administrators never give a hormone blood test and have stated in writing that the adverse effects of finasteride go away once you cease the drug . This is in writing in my VA medical records and was told by VA chief of Staff and Va urologist my outside Dr Irwig, DR Allen Jacobs Dr Ann Ganzer etc are all bogus doctors and bogus research and PFS does not exist . Us veterans are given no warnings about finasteride between 2009 and 2014. THE VA broke FDA rules and regs about putting warnings on label .in 2012 and we vets had full blown symptomology . The so called lawyers expert we were refused to talk with stated tand falsely assumed that the VA pharmacy gave warnings on the drug in 2012 and that is a lie via the written FOIA act we have . Further they still deny PFS and that finasteride is a 100% safe drug with no permanent adverse symptomology we have in writing. Further we had the full blown finasteride symptomology before warnings in 2012 by the FDA that the VA refused to honor or inform us vets of the FDA warnings claiming and to this day in writing claiming its a safe drug

WE VETS NEED LEGAL; HELP AND LAWYERS AND ADVOCATES TO HELP US AS THE VA HAS NOT ONE DOCUMENTED CASE OF PFS AND IT IS BELIEVED VETS HAVE SUICIDE IDEATION AND COMMITED SUICIDE AS THE VA DOES NOT SCREEN FOR THE DRUG NOR CARE ABOUT A VETS MENTAL HEALTH DIAGNOSIS. THEREFORE THE VA IS COVERING UP SUCIDE AND SUICIDE IDEOLOGY ETC BY TELLING VETS ITS ALL DUE TO THEIR MENTAL HEALTH DIAGnOSIS WHILE ITS LYING URIOLOGISTS AND ADMINISTRATORS TELL VETS ITS A HUNDRED PERCENT SAGFE DRUG VIOLATING FDA SAFETY REGS AND WARNINGS AND KILLING AND IN JURING US VETERANS

WE NEED HELP AND ADVOCATES AND LAWYERS TO HELP US OUR CASES WERTE THRIWN OUT BECAUSE WE CONTINUED TO TAKE FINASTERIDE WITH NO VA WARNINGS ON THE LABEL PADST 2012 . THE FACTS ARE THE VA NEVER EVER GAVE SUCH FDA WARNINGS AND STILL DONT AS PER WRITTEN DOCUMENTATION THAT THE ADERSE EFFECTS OF FINASTERIDE ARE NOT PERMANENT AND GO AWAY ONCE A VETERAN CEASES FINASTERIDE.
WE NEED LEGAL HELP AS THERE ARE LIES COVERUP AND DISCRIMINATION AGAINST PFS AND THEY TELL US OUR OUTSIDE DOCTORS ARE BOGUS AND SO IS TH RESEARCH RESULTING IN MEDICAL DISCRIMINATION AGAINST US , MEDICAL NEGLIGENCE AND MALPRACTICE AND SEVERE DiSABILITY CAUSED BY THIS AND THE PSYCHOLOGICAL ABUSE OF THE VA AND ITS DOCTORS AND ADMINISTRATORS TO RECOGNIZE PFS THEY GAVE US

PLEASE HELP US PFS DISABLED VETS AND VETS ANBD LAWYERS AND ADVOCATES NEED TO HELP US AT : lshorowitz@yahoo.com

Lee Horowitz

Finasteride is being given out like Candy by VA urologists to millions of vets for BPH -enlarged prostates while these doctors tell the vets the symptomology without any bloodhormone testing is all due to enlarged prostate and the neurological -pstchological due to a veterans mental health diagnosis Then the VA psychiatrists and neurologists give the vets anti depressants resulting in suicide for many vets We nee help Many millions of vets are being given finasteride and the VA refuses to recognize PFS or the permanent side effects of finasteride with not one report of such adverse effect of finasteride by VA urologists and doctors and VA administrators who refuse to listen nor d anything

The VA is injuring us and killing us PFS vets and no one gives a damn


#12

The prostate treatment for veterans as long as they’re aware about PFS will help make people take this drug seriously. nobody cares about people taking it for balding unless young people keep complaining and get attention but when you have no choice but to treat BPH with finasteride they’ll take notice cause most men get BPH as they age, it’s so common. These people fought for the country and they’re being poisoned.


#13

Yes 80% of the lawsuits were dropped by so called experts before even going to the judge . Lawyers sold us out by enjoining us to class action lawsuits .
See Veteran about lawsuits . Ours was dropped and our lawyer refuses to put us in contact with plaintiffs expert who dropped 80% of cases as the lawyers sold us out .

The VA via an FOIA act disclosure admitted they had no adverse symptomology warnings in writing for finasteride between at least 1999 and 2014 . Mrck put warnings on the drug in 2012 and 2014 and the Veterans Admnistration broke those warnings from FDA about permanent adverse symptomolgy . In my medical records to this day done by the Lebanon VAMC a uriologist denied me treatment along with the Chief of Staff his buddy doctor putting in my medical record to deny me seeing a finaateride specialist on the outside " All adverse affects of the drug finasteride go away once a patient stops the dug." “Further, there is no one who specializes in post finasteride syndrome.” My outside diagnosis and evaluations besides hormone bloof testing done by the VA and Dr Allan Jacobs and DR Ann Ganzer showed my horns as extremely low while the veterans administration has done nothing and failed to report one case of PFS to the FDA or VA pharmacy as VA doctors and administrators are covering up gross negligence and malpractice of the drug by VA physicians . My case was dropped because although the VA stated to me repeatedly the VA urologist and primary doctors etc that finasteride is a 100% safe drug to this day . I had the full blown effects way before 2012 FDA warning and despite this and my evidence the lawyer refused to do anything with my case and others were dropped . So if you used finasteride past the first 2012 FDA warng no matter what lies your doctor told you or with no warning on the label they dropped your case .

Further the tupod lawyer sued the wrong company. Merck never made generic finasteride for BPH enlarged prostate . It was made by some India company in India and my stupid class action attorney sued the wrong manufacturer She has refused to do anything and its impossible to find lawyers to sue lawyers for malpractice and incompetence and many o these class action finasteride lawyers were just that . They dont give a damn about us or i we lived or committed suicide as it was solely about money and greed while w could not afford diagnosis and any possible medical treatment. How many veterans o the millions given finasteride for BPH enlarged prostate after being lied to by the Va and doctors at the Va urologists have committed suicide and are suffering. The VA gives finasteride out like candy the drug of choice by VA urologists-uriologists with no screenings. They have blood on their hands and the class action lawyers don give a damn as well when 80% of the cases were dropped by their so called experts without us being allowed to talk with their so called experts who dropped our cases .

The factys are many many PFS patients were lied to by Merck and Doctors and generic finasteride companies on the safety of the drug . Doctors dd no screening and to this day lie on FDA warnings clang its safe. W had full blown permanent adverse symptomology before FDAwarnings of 2012 but if you didn’t stop the drug before that date your case was thriwb out spite the lies told to you and to keep taking the drug by VA and other urologists and doctors .
If you have a lawyer who will take our cases please let us know !! Us vets are not being helped but only lied to and killed and in juried by the Veterans Administration and lawyers wont take VA cases !!


#14

The Veterans Administration is killing and injuring PFS veterans with not one report made by urologists nor primary doctors psychiatrists etc made to VA pharmacy nor the FDA. No screening for finasteride is made for BPH enlarged prostate, The VA urologists and doctors give finasteride out like candy with no warnings, no screenings , no nothing claiming its a 100% safe drug. When symptomology from finasteride starts urologists and VA doctors lie to veterans claiming its all from enlarged prostate while psychiatrists and primary doctors tell PFS veterans the psychological/neurological is all due to the veterans mental health diagnosis. They reuse to return nor take phone calls from specialist researchers of PFS . The VA is lying and covering up and killing veterans as its psychiatrists etc give veterans anti depressants for the permanent adverse symptomology of PFS .
I have statements I am willing to release in my medical record denying me any hormonal treatment although blood tests show my hormones are messed up and I have two top researchers evaluations for PFS from Dr Michael Irwig Washington DC and from DR Allen Jacobs and DR Ann Ganzr of New York NY. The VA chief of staff and its uriologist at the Lebanon VAMC and other doctors-administrators at the Coatesville VAMC have stated PFS does not exist. “once you stop the drug finasteride all adverse symptomologygoes away so there is no such thing as PFS-the permanent adverse symptomology from inasteride. Further there are no specialists for post finasteride syndrome.” All these doctors and others have been called bogus doctors and bogus research by the veterans administrations VA medical Centers in Lebanon VAMC and VAMC Coatesvile PA . Thus any consult made by primary doctors for PFS at the VA is reelected by uriologist doctors and chie of staffs patient advocates in bed with the doctors along with Medical Center Directors who refuse to see us . VISN VA administrators dont do anything nor VA officials including 5 letters and 3 phone calls to the VA undersecretary and other VHA and Pharmacy officials. No one is held accountable at the VA and despite years of OIG complaints the VA OIG as never responded to PFS complaints nor investigated anything by stonewalling these investigations. There are no investigations of VA medical centers as all complaints and investigations including the race o the white house hotline are all thrown back down to ones local VA Medical Center to investigate, Thus we get no answers or cover ups from the VA since no one does an outside investigation of a VA medical center nor holds its doctors nor administrators or employees accountable.

Despite 2% of all people given finasteride having PFS the VA has no one documented and this figure should be much higher as the VA does no screening and gives the drug to many vets with PTSD, depression, Bi polar, etc The VA has blood on its hands with sucide ideology and non treatment and failure to send vets to PFS specialists as they refuse to recognize such and claim falsely the doctors and research are bogus. They have taken out of context undocumented urological research report one report while failing to look at anything else to falsely make claims against PFS . Further they lie on the FDA as the FDA warnings state that the aderse symptomology maybe permanent . Further , we have an FOIA statement by Veterans Health Administration and VA Chief of Pharmacy that they have nothing in writing of any adverse symptomology for the drug finasteride. THE VA failed from 2009 through 2014 to put any drug adverse symptomology on warning labels or with finasteride. This violates FDA warnings posted or the drug by FDA in 2012 and 2014 . All this while VA violates safety warnings issued for finasteride .

The FDA will not get involved to orcs VA pharmacy or any pharmacy to issue drug warnings they put out . DA officials have tod us to o et an attorney as they do not orcs nor investigate any pharmacy who does not adhere or issue warnings they have issued on the medication. Call the FDA and they will tell you such. Thus the FDA will do nothing.

We need lawyers who will fight the VA to recognize PFS and sue the VA for the suicides and neurological and psychiatric depression , memory loss, PTSD, suicidal ideation , anxiety , total loss of sexual desire and sexual interest , total impotency for years, etc . The VA has put me and other veterans through psychological abuse by denying PS exists

Please help us Send messages to: lshorowitz@yahoo.com

How many more suicdes at the VA will be on the bloody hands of the VA from people like me given this evil drug while the VA lies about it and refuses to recognize PFS nor any permanent adverse symptomology of the drug .

A disabled Vietnam Era veteran US Navy -Lee


#15

The VA is killing and injuryig vets and lying about the safety of finasterdie used for BPH -ene;larger prostate. I have been refuse medical care for PFS as the VA and its doctors and chief of staff have stated it doesn’t exists because all adverse symptomology goes away from the drug finasterdie once you cease the drug . Thus there is no PFS and the symptomology urologists and VA doctors and administrators have used is its all due to ones enlarged prostate or a mental health condition i.e. pTSD in check or years . The VA and its doctors have knot reported open case on PFS or any symptomology of the drug to VA pharmacy or FDA rom VA doctors despite being given to millions or 20% of the VA pop[ulation like candy by VA urologists. There is no screening for the drug by the VA and when one has the symptomology including permanent adverse symptomology of impotency, lack of sexual desire and interest, at first watery sperm , enlarged breasts, shrinkage genitals etc those lying VA doctors and uriologist blame it all on enlarged prostate BPH or one had a problem with his hormones before taking finasterdie. When vets become totally impotent with these adverse symptomology they wont even give hormone blood tests done by outside doctors of PFS . These outside doctors and their research VA doctors and chief of staff have stated are all bogus as is NIH while they lie on FDA warnings of th drug and VA [ahramacy officials do nothing .

Need the press an lawyers to help us to get outside consults with PFA doctors . Theye have refused me any hormonal treatment even when two hormone blood tests show my hormones messed up and with two outside PFS evaluations by top experts -researchers in PFS .

Please refer lawyers and press and avocets to help us veterans fit the VA wo is killing and injuring us via discrimination against PFS and resulting medical negligence and malpractice. How many vets have died from suscide tang the VA’s poison finasteride and how many more will be injured or die?

Get us at : lshorowitz@yahoo.com

Veteran


#16

Just to let people know they do not tell you how much you would get they just want you to sign the release.
I pushed my attorney for a figure and was told between 1000-1500.
I refused to sign and told them that I could not live with myself if I took a $1000 from the animals that did this to me. and for the life of me can not understand who would.
You are doing an injustice to all that suffer now and in the future.
karma is a bitch so all those people that were involved in this drug , it will bite ya


#17

First of all there is a two year statue of limitations to bring a lawsuit so its way too late . Many lawsuits were thrown out thanks to plaintiff lawyers who sold us out telling us they would sue an possible settlement would average$100, 000 or more That was a lie . The settlement is peanuts not even covering ones ongoing medical expenses. Any case where you took the drug past 2012 was thrown out as there were FDA warnings on the drug in 2012 even if your doctor lied and told you the drug was safe . I have such in my VA medical record from VA urology doctors and chief of staff of the lebanon vamc that there are no permanent adverse symptomolog from the drug finasteride ( for BPH-enlarged prostate) and that all adverse symptomology goes away once you cease the drug for the VA to deny us help and treatment. . An undocumented last page one sentence of a research report was illegally taken out of context i was verbally told the research , MY 4 doctors evaluation and top researchers in PFS evaluations , NIH, The PS foundation were all bogus in denying me treatment and any recognition o PS

Despite millions of vets being given this poison by lying VA urologists without screening nr warnings nor hormone blood test baselines , not one case of any adverse effects of finasteride has been reported by the VA by VA urologists to VA Pharmacy to FDA MEDWATCH .
Yet 2 percent of the general population who take finsteride have PFS and 18% report impotence

The VA has blood on its hands as VA suicide is the highest and they dont care i those suicides are due too the drug the VA claims has no permanent adverse symptomology . The VA cant even tell me who manufactured via FOIA request who manufactured generic 5mg inasteride between Sep 2009 through May 2014 nor supply any adverse warnings which the VA never posted on the bottles when in fact FDA produced warnings in 2012. THE FDA wont due anything telling us to go get lawyers - big joke since no layer will sue the VA or its doctors. WE need the press and lawyers and medical treatment being denied us by the VA due to coverup and discrimination of PFS.WE PFS VETERANS NEED HELP.

Contact : Veteran at lshorowitz@yahoo.com


#19

Has anyone received word about Merck settling? My law firm has contacted me saying that Merck is agreeing to settle these cases, not just amongst my firm but nationwide. They are encouraging me to fill out all this paperwork to settle and then state my case will be reviewed individually and they will determine a payout. Anyone else?


#20

Yes, was also contacted by my law firm and urged to settle. Have 10 days to decide. I contacted them and they said it is ultimately my decision but that they know of no other firms taking on propecia cases right now. I also asked about an settlement estimate for an average case, and they said that they really can’t provide one and that it will all be up to the individual case. I’ve seen some things online about point systems and case classes, but I’m not sure if I believe them. Also saw a figure of ~4.3 million total for the settlement fund, not sure if I believe that either. It appears most cases were already thrown out previously due to factors like antidepressents, etc.

Just wanted to see if others are taking the settlement? I most likely will as I don’t think there are any other options.


#21

Can you not settle and try to keep suing them in the future?

A few thousand dollars is nothing, might as well just wait till another firm takes your case down the road.