Parties involved in the federal testosterone drug litigation will be preparing an additional 82 cases for trial, in three waves over the next two years. To help the parties gauge how juries may respond to certain evidence and testimony that will be repeated throughout the litigation, Judge Kennelly has held a number of early “bellwether” trials, and additional cases against different drug manufacturers are expected to go to trial over the coming year. With three cases already tried, and two resulting in large verdicts for plaintiffs, Judge Kennelly issued two case management orders last week, detailing how several waves of cases will be prepared for additional trial dates to provide relevant information to help the parties resolve the litigation. Although the outcomes of these bellwether trials are not binding on other plaintiffs, they are being closely watched by parties involved, as they may influence eventual negotiations to reach testosterone drug settlements.
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