A suit filed in federal court in Newark claims Eli Lilly put users at risk by aggressively marketing testosterone replacement drug Axiron while failing to adequately warn about risks of heart attacks and strokes.
The plaintiff, Patrick Miller of Hopatcong, N.J., began taking Axiron at age 54 in September 2012, and suffered a heart attack on Oct. 3, 2012. The suit said Miller’s doctor would not have prescribed Axiron if he had been warned of the increased risks of heart problems caused by using the drug.
The suit brings counts for failure to warn, defective design, defective manufacturing, negligence, breach of implied warranty, breach of express warranty, fraud and negligent misrepresentation. The suit seeks compensatory and punitive damages, restitution, disgorgement of profits, injunctive relief and attorney fees.