CHICAGO — The federal testosterone therapy lawsuits have been consolidated in the Northern District of Illinois since June of last year, but they are not slated to be ruled on until 2016. Now that so many have been consolidated, a few cases out of the many that have been filed are intended to be ruled on in 2016 in a bellwether trial. Typically less expensive and more efficient, a bellwether trial occurs in mass litigation when plaintiffs and the defendant agree to have a few cases tried in order to determine the best course of action regarding the related cases. However, the plaintiffs in the case have alleged that the defendant’s unresponsiveness has been causing delays.
In the current testosterone replacement therapy cases, both parties are undergoing discovery in order to obtain answers to questions and copies of relevant documentations. However, the plaintiffs are alleging that the drug manufacturers are delaying disclosing important documentation in order to slow down the proceedings and to prevent producing documents. The plaintiffs have filed a motion to compel in an attempt to force AbbVie to turn over various documents. Since the lawsuits allege that AbbVie marketed their product aggressively despite knowing of the serious health risks such as increased prevalence of cardiac events, the plaintiffs are especially concerned about documents and depositions from another case that they think will show that the drug manufacturer aggressively promoted their testosterone replacement therapy drugs for off-label uses, even possibly being involved in kickback schemes. The plaintiffs are also requesting AbbVie’s records for negative effects of patients from taking AndroGel.
AbbVie has responded by saying that the documents from the other case are irrelevant to the current cases because of the difference in the causes of action. They also responded by saying that their records regarding the effects of testosterone products on patients are irrelevant because they do not include stroke or cardiovascular conditions, which are the subject of the current cases. Although there are exceptions that prevent parties from having to turn over everything in their control to the other side, the plaintiffs in these cases are alleging that they are sufficiently related to the case and that AbbVie keeps pushing back handing over the documents, creating delays.
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Our dangerous drug attorneys can help if you or someone you care about was harmed by testosterone. Lawsuits have been filed against the drug maker by both patients and their families seeking compensation for injuries caused by this dangerous drug. You may be entitled to a settlement. We do not charge any legal fees unless you receive a settlement and we pay all of the case costs. If your claim is not successful for any reason, you do not owe us anything. We put it in all in writing for you. Our testosterone drug lawyers will help you file your lawsuit.
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