Actavis Must Face Warning, Design Defect Claims in Testosterone Replacement MDL Case

CHICAGO — An Illinois federal judge has denied Actavis Inc. summary judgment on claims for failure to warn and design defect in a testosterone replacement therapy MDL case, ruling there is a question of fact as to whether their prescribing doctor would have acted differently had he been presented with a different warning.

In a Nov. 1 order, Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois also denied the parties’ motions to exclude expert testimony, ruling the experts were qualified to render their opinions and that they were backed by sound methodology.

Florida resident …