Judge Reconsiders Preemption Rule, OKs Fraud Claims For Generic Testosterone Drugs

Mealey's (March 8, 2016, 1:11 PM EST) -- CHICAGO — The Illinois federal judge overseeing the testosterone replacement therapy multidistrict litigation on March 7 reconsidered his prior preemption ruling and said plaintiffs may pursue their claims for fraud based on off-label promotion of the drugs (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, N.D. Ill., Eastern Div.).

(Testosterone opinion available. Document #28-160317-005Z.)

In November, U.S. Judge Matthew F. Kennelly of the Northern District of Illinois dismissed all claims against defendants Pfizer Inc. and subsidiary Pharmacia & Upjohn Co....
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