Actavis Denied Summary Judgment in Testosterone Therapy Case on Warnings Issue

CHICAGO — An Illinois federal judge has denied Actavis Inc.’s motion for summary judgment in a testosterone replacement therapy drug case, finding a question of fact as to whether it had a duty under Florida law to provide warnings in a manner apart from the drug’s FDA-approved package insert.

In a Nov. 4 order, Judge Matthew F. Kennelly of the U.S. District Court for the Northern District of Illinois found there “is ample support for the conclusion that Florida courts would reject Actavis’s narrow interpretation of the duty to warn.”

Actavis Inc., Actavis Pharma Inc. and Actavis Laboratories UT Inc. …