1k testosterone cases against Pfizer halted in 7th Circuit
Bill Tilley
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Over 1,000 lawsuits were declined to be revived by the 7th Circuit in Multi-District Litigation involving the risks associated with using testosterone replacement drugs. The MDL involves over 7,500 cases against several drug manufacturers including AbbVie Inc. Auxilium Pharmaceuticals Inc., Eli Lilly & Co. and Pfizer. In December, Eli Lilly & Co. announced a settlement in the pending testosterone injury cases which covered all of the pending litigation in the MDL.
State Law Claims Preempted by Federal Drug Regulations
The 7th Circuit found that the state law claims made by plaintiffs were preempted by federal drug regulations. Pfizer manufacturers Depo-Testosterone. According to the manufacturer, Depo-Testosterone is an intramuscular injection used as replacement therapy for men suffering from deficiency or absence of endogenous testosterone. Pfizer sought to change the label on Depo-Testosterone to include additional warnings but was barred from doing so. The appellate court found that the plaintiffs’ arguments that Pfizer had failed to adequately warn patients was therefore preempted.
Debate over Testosterone Replacement Therapy Continues
The debate over the danger that drugs like Depo-Testosterone, Androgel and other testosterone replacement drugs continues. Plaintiffs involved in the MDL out of the Illinois federal court argue that the drug manufacturers failed to adequately warn consumers about an increased risk for heart attack, stroke and other serious injuries. Plaintiffs also allege that manufacturers made up the condition known as Low-T to promote the sale and use of the drug. In their previous request to have their cases revived under the 7th Circuit, plaintiffs argued that the judge overseeing the MDL misinterpreted their claim regarding changes to drug labels. Pfizer argues that they were blocked by the Food Drug and Cosmetic Act and the US Food and Drug Administration from changing or altering their labels after approval. The 7th Circuit agreed with the district court judge and refused to revive the nearly 1,000 cases against Pfizer.
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Bill TIlley, In the ever-evolving field of the litigation financing industry, Bill Tilley is more than just an entrepreneur, he is a leader in law firm growth and risk management. As CEO of Amicus Capital Services, Mr. Tilley manages the firm’s day to day operations, marketing, origination's and personally handles all client relations.
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