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Testosterone Lawsuit News: Defendants Push Back Against RICO Claim

National testosterone attorneys report a Motion to Dismiss has been filed in the testosterone multidistrict litigation known as Testosterone Replacement Therapy Products Liability Litigation, MDL 2545, which is currently underway in U.S. District Court in the Northern District of Illinois. The Motion to Dismiss was filed by the defendants, who include AbbVie and Eli Lilly, among a handful of other pharmaceutical companies that produce testosterone replacement products for men, according to court documents.

“We don’t know exactly what the outcome will be with MMO’s RICO claim,” a representative of the Onder Law Firm explained. “But we do know that pharmaceutical companies involved in this litigation are taking testosterone lawsuits very seriously – and that the bulk of the claims are moving forward to the bellweather trials. We expect the outcomes in the bellweather trials will give us some indication of how the rest of the testosterone lawsuits will conclude, but we believe a settlement is likely at some point.”

The Motion to Dismiss concerns a particular claim, just one of many that comprise the testosterone lawsuits, which was filed by Medical Mutual of Ohio (MMO), according to court documents. MMO is a health insurance company based in Cleveland that provides national health insurance. MMO’s claim cites the RICO Act (the Racketeer Influenced and Corrupt Organizations Act, a United States federal law that gives extended criminal penalties and a civil cause of action to companies or groups that are found guilty of racketeering, ongoing criminal activities or organized crime), alleging pharmaceutical companies conspired to deceive the public regarding the usefulness of testosterone replacement therapy, while undermining testosterone risks, according to court documents. The claim alleges the companies knowingly and in concert engaged in fraudulent activities by marketing testosterone replacement therapies to men who do not necessarily have hypogonadism, according to court documents. The FDA has only approved testosterone replacement therapy products for use in men who have been diagnosed with hypogonadism, a condition where the body does not make adequate testosterone naturally that can have serious health implications, according to court documents.

By filing the Motion to Dismiss MMO’s RICO claim, defendants are arguing that the claim is baseless, according to court documents. The Motion states that MMO failed to provide concrete or specific evidence regarding the alleged fraudulent activities, and therefore the claim should be dismissed, according to court documents. Furthermore, while the defendants allow that testosterone replacement therapy has only been FDA approved for genuine cases of hypogonadism, the Motion to Dismiss asserts that because physicians may legally prescribe drugs for any use they choose, men who were prescribed testosterone replacement therapy without a verifiable diagnosis of hypogonadism should not be able to blame the purveyors of testosterone replacement therapies, according to court documents.

These testosterone lawsuits have been filed by persons around the United States who suffered a heart attack, stroke, or another serious health condition they allege is linked to testosterone replacement therapy products, according to court documents. Plaintiffs say they were not fairly warned of the alleged health risks, and state pharmaceutical companies knew or should have known of the alleged risks, according to court documents. Defendants include more than ten pharmaceutical companies who produce and market a wide range of testosterone replacement products, the most popular of which are Androgel, Androderm, and Testim, according to court documents.

These testosterone attorneys provide timely testosterone lawsuit news updates and testosterone side effects research at their website, the Androgel Testosterone Lawsuit Center. The firm is nationally renowned for its representation of American families and individuals against major corporations through pharmaceutical, product liability, and personal injury lawsuits. Persons who believe they may have grounds to file a testosterone lawsuit alleging heart attack or stroke may contact the firm for a free case review through the website.

Lawyers handling testosterone lawsuit claims for the Onder Law Firm believe qualifying persons may be entitled to real compensation and offer no-cost, no-obligation case review to persons or family members of those who have suffered heart attack, stroke, or another serious health problem possibly related to Androgel or another testosterone product.

The Onder Law Firm welcomes testosterone lawsuit inquiries from law firms in regards to handling them or working as co-counsel.

About The Onder Law Firm
Onder, Shelton, O’Leary & Peterson, LLC is a St. Louis based personal injury law firm handling serious injury and death claims across the country. Its mission is the pursuit of justice, no matter how complex the case or strenuous the effort. The pharmaceutical and medical device litigators at The Onder Law Firm have represented thousands of Americans in lawsuits against multinational conglomerates from products liability for manufacture of defective or dangerous products to deceptive advertising practices. Other firms throughout the nation often seek its experience and expertise on complex litigation. It is also a recognized leader in products liability cases such as window blind cord strangulation. The Onder Law Firm offers information from attorneys handling testosterone lawsuits at

*Testosterone Replacement Therapy Products Liability Litigation, MDL 2545, U.S. District Court, Northern District of Illinois

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