In Re: Testosterone Replacement Therapy Products Liability Litigation

Filing 1899

CASE MANAGEMENT ORDER NO. 50 (Decision on Besins' motion for summary judgment - dkt. 1736), signed by the Honorable Matthew F. Kennelly on 5/8/2017. (mk)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
In re: Testosterone Replacement
Therapy Products Liability Litigation
Coordinated Pretrial Proceedings
(This document applies to all cases)

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No. 14 C 1748
MDL No. 2545

CASE MANAGEMENT ORDER NO. 50
(Decision on Besins' motion for summary judgment – dkt. 1736)
Some of the plaintiffs in this multidistrict litigation (MDL) proceeding who allege
that they suffered injuries after taking the drug AndroGel have sued defendants Besins
Healthcare Inc. (Besins Inc.) and Besins Healthcare, S.A. (Besins S.A.) (collectively, the
Besins defendants) for those defendants' alleged involvement in the manufacture or
sale of the drug. Of the plaintiffs whose cases were selected for bellwether trials,
however, the only one to have sued the Besins defendants is plaintiff Robert Rowley.
The Besins defendants have moved for summary judgment against Rowley, arguing
that he lacks evidence to support any of the claims against them that have not already
been dismissed.
In response to the Besins defendants' motion, Rowley concedes that the Court
should grant summary judgment for Besins Inc. in his case because he lacks
evidentiary support for any claim against that company. Rowley also concedes that he
lacks evidence to support a claim for strict liability against Besins S.A. concerning its
alleged manufacture or design of AndroGel. Finally, Rowley concedes that his only
remaining claim against Besins S.A. is for negligence and that the Court should grant
partial summary judgment on that part of that claim that pertains to manufacturing

defect resulting from Besins S.A.'s alleged negligence. Thus Rowley has conceded that
the Court should grant summary judgment on all of his claims against the Besins
defendants except for that portion of his negligence claim that is based on an alleged
design defect. 1 In a separate ruling, however, the Court has granted summary
judgment against the bellwether plaintiffs on all claims for negligent design defect. This
leaves Rowley with no remaining viable claims against the Besins defendants, and the
Court therefore grants those defendants' motion for summary judgment [dkt. no. 1736].

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MATTHEW F. KENNELLY
United States District Judge
Date: May 8, 2017

1

Plaintiffs in this MDL have already consented to dismissal of claims
against the Besins defendants based on allegations of unlawful promotion or failure to
warn. See In re Testosterone Replacement Therapy Prod. Liab. Litig. Coordinated
Pretrial Proc., 136 F. Supp. 3d 968, 972 (N.D. Ill. 2015).
2