AbbVie Denied Summary Judgment in Testosterone Replacement Therapy MDL

CHICAGO — The judge overseeing the testosterone replacement therapy MDL docket has denied AbbVie’s motion for summary judgment on two plaintiffs’ failure-to-warn claims, ruling they are not preempted because it is unclear whether the FDA would have approved any additional warnings proposed by the manufacturer.

In a Nov. 1 order, Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois further found the plaintiffs presented sufficient expert testimony as to causation, after refusing to exclude their experts’ specific causation testimony.

However, the judge ruled that punitive damages are unavailable to plaintiffs Tony Reynolds and Juliana Bunting, …