In the second AndroGel bellwether lawsuit, a Chicago jury has ordered AbbVie to pay one patient $150 million in compensation.

Gel In Tube

An Illinois jury on Thursday, October 6, ordered pharmaceutical manufacturer AbbVie to pay over $140 million in compensation to a man who suffered a heart attack after using the testosterone drug AndroGel, Reuters reports.

Bellwether Trials Secure $300M For Low T Patients

This is the second trial to come from a Multi-District Litigation, consolidated in Chicago, that now includes more than 6,000 AndroGel lawsuits.

In the first such trial to reach a judgment, held in July of 2017, a Chicago jury awarded another man $150 million, finding that AbbVie had fraudulently misrepresented its product. But in a strange twist, the jury granted the plaintiff only punitive damages, refusing to award any compensatory compensation, a fact that has brought the verdict into dispute. The newer verdict includes $140,000 in compensatory damages and $140 million in punitive damages.

AbbVie Misrepresented Drug's Safety, Jury Finds

In the new opinion, a federal jury held that AbbVie had marketed the testosterone medication improperly, advertising its gel product for conditions in which safe use had not been demonstrated. That's how Jeffrey Konrad, a 56-year-old man, had been introduced to AndroGel in 2010, his attorneys argued.

The man used the product, a daily testosterone replacement therapy applied to the shoulder, for only two months before suffering a heart attack. He has recovered from his injuries, attorneys say.

6,000 AndroGel Lawsuits In Illinois

Thousands of other patients, many of whom were never diagnosed with hypogonadism, the medical disorder for which AndroGel is approved, say the medication caused heart attacks, strokes and other cardiovascular injuries. A number of medical studies send a similar message, but AbbVie argued at trial that, in the case of Konrad, the heart attack should be attributed to pre-existing conditions, including high blood pressure and obesity.

AbbVie is "disappointed" in the verdict, a company statement said, and intends to appeal. The manufacturer, who continues to dominate the market for Low T treatments, denies misrepresenting AndroGel's safety in advertising materials.

The Legal Herald

About Laurence Banville

Attorney Contributor:

Laurence P. Banville, Esq. is the managing partner of Banville Law. He is a regular contributor on several topics including negligent security cases, child sexual abuse and Dram Shop and liquor liability cases.

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