OWENS v. AUXILIUM PHARMACEUTICALS, INC.

No. 17-3416.

895 F.3d 971 (2018)

Isaac OWENS, Plaintiff-Appellant, v. AUXILIUM PHARMACEUTICALS, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 19, 2018.


Attorney(s) appearing for the Case

James G. O'Brien , Attorney, Michelle L. Kranz , Attorney, Zoll Kranz & Borgess, LLC, Toledo, OH, for Plaintiff-Appellant.

Robert J. Katerberg , Attorney, Sally Pei , Attorney, ARnold & Porter Kaye Scholer LLP, Washington, DC, Daniel Meyers , Attorney, Arnold & Porter Kaye Scholer LLP, Chicago, IL, Andrew K. Solow , Attorney, Arnold & Porter Kaye Scholer LLP, New York, NY, for Defendant-Appellee.

Before Bauer, Kanne, and Hamilton, Circuit Judges.


Isaac Owens used Testim, a topical gel containing 1% testosterone, sporadically for two years. During this time, he developed deep vein thrombosis. He sued Testim's manufacturer, alleging that the drug caused the condition. To show causation — a necessary element of all of his...

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