Warning, Fraud Claims to Proceed Against Drug Makers in Testosterone MDL

CHICAGO — The judge overseeing the testosterone replacement therapy products multidistrict litigation has refused to dismiss 39 complaints, ruling that the plaintiffs have adequately alleged facts to support causation, and failure-to-warn and fraud claims.

However, in the Dec. 23 order, Judge Matthew F. Kennelly of the U.S. District Court for the Northern District of Illinois dismissed without prejudice the plaintiffs’ express warranty claims, finding they failed to point to a specific affirmation or promise made by defendants on which plaintiffs relied.

The MDL proceeding consists of approximately 700 individual lawsuits that have been consolidated in the Northern District …