Medical Mutual of Ohio v. AbbVie Inc.
In Medical Mutual of Ohio v. AbbVie Inc., Eric Gaier was retained by a joint defense group of leading testosterone replacement therapy (TRT) manufacturers to analyze economic issues associated with class certification and merits in connection with alleged RICO and antitrust violations. Plaintiffs alleged that defendants conspired to misrepresent the benefits and risks of TRT drugs to third-party payors and engaged in off-label marketing. Dr. Gaier testified concerning the reliability of the plaintiff’s proposed methodologies to prove class-wide liability, causation, and damages. The District Court denied the plaintiff’s motion for class certification.