Actavis Inc. Denied Summary Judgment in Bellwether Testosterone Replacement Therapy Case

CHICAGO — An Illinois federal judge has refused to dismiss a bellwether testosterone replacement therapy case against Actavis Inc., finding the claims are not preempted because there is no clear evidence that the FDA would have rejected enhanced warnings regarding cardiovascular events.

In a Dec. 30 order, Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois further explained that the plaintiff is not seeking to change the drug’s design or usurp the Food, Drug and Cosmetic Act’s regulatory authority.

Minnesota resident Brad Martin alleges his use of Actavis’ Androderm from October 2012 to May 2013 …