Judge Matthew Kennelly of the U.S. District Court for the District of Northern Illinois has denied Belgian company Besins Healthcare’s motion to dismiss itself from a multidistrict testosterone litigation, the Cook County Record reports. Along with AbbVie, Besins is responsible for the manufacture of AndroGel, one of the leading brands of testosterone therapy that have been targeted in a massive multi-state litigation.
Testosterone replacement therapy is intended to help regulate hormone levels in men with medically low testosterone. The U.S. Food and Drug Administration (FDA) has stated that testosterone products should not be used in men who are experiencing reduced testosterone due to aging. However, many men who have filed testosterone therapy lawsuits claim that products like AndroGel and Testim were deliberately marketed toward aging men. Additionally, testosterone lawsuits allege that manufacturers failed to adequately test their products’ safety, and in some cases concealed or downplayed the cardiovascular risks of testosterone therapy.
Besins Healthcare, S. A., and its subsidiary Besins Healthcare, Inc., asked to be dismissed from the 2,500-case Illinois testosterone multidistrict litigation. In a September 30 ruling, however, Judge Kennelly denied the motion, holding that the plaintiffs had adequately specified how Besins was responsible for the design of AndroGel and its alleged defects. Kennelly stated that Besins argument was “simply untrue,” and that plaintiffs had submitted “detailed allegations” about how AndroGel’s health hazards are caused.