Insurer Seeks Revival Of RICO Suit In Testosterone MDL

Law360 (June 12, 2019, 6:40 PM EDT) -- AbbVie and other makers of testosterone replacement drugs engaged in a fraudulent marketing scheme that led Medical Mutual of Ohio to pay prescription benefits that were medically inappropriate, the insurer told the Seventh Circuit on Tuesday.

In a bid to revive its Racketeer Influenced and Corrupt Organizations Act suit against AbbVie Inc., Eli Lilly and Co., Endo Pharmaceuticals Inc., Actavis Inc. and Auxilium Pharmaceuticals Inc., the insurance company said an Illinois federal court conducted a "backwards" analysis.

Medical Mutual said the court's failure to recognize that the absence of a decision to restrict the availability of benefits for prescriptions of the testosterone...

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