Some Fraud Claims Resurrected In Testosterone MDL

By John Kennedy (March 8, 2016, 9:32 PM EST) -- An Illinois federal judge on Monday brought back half a lawsuit filed by consumers who say drugmakers didn't warn about health problems linked to certain generic testosterone replacement therapy drugs, saying that he'd erred in ruling that some allegations were preempted by federal law.

In reconsidering his November ruling that claims about the drugs were preempted because the companies didn't have the power to unilaterally strengthen their warnings, U.S. District Judge Matthew Kennelly said that seven of the suit's 14 claims survived as long as they're based on allegations of fraudulent off-label marketing. The other seven claims, which dealt mainly with...

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