7th Cir. Upholds Dismissal of Bellwether Testosterone Replacement Action for Lack of Causation

CHICAGO — A federal appeals court has upheld dismissal of a bellwether testosterone replacement therapy action, affirming that the plaintiff did not back his claims with sufficient expert testimony, thereby failing to establish causation.

In a July 19 opinion, the 7th Circuit U.S. Court of Appeals agreed with the trial court that the expert’s testimony did not fit the facts of the case and could not “assist the trier of fact to understand the evidence or to determine a fact in issue.”

Kentucky resident Isaac Owens used Auxilium’s Testim, a topical gel containing 1 percent testosterone, sporadically between July 2011 …