July 25, 2017 — The first federal “bellwether” trial involving AbbVie’s testosterone gel AndroGel has ended with a jury awarding $150 million to a man from Oregon who had a heart attack.
Jesse Mitchell used AndroGel for 4 years during an advertising campaign warning consumers about “Low T,” a condition AbbVie invented to market testosterone toward men with normal age-related symptoms like low libido and depressed mood.
Mitchell had a heart attack in 2012 at the age of 49. Two years later, he filed a lawsuit accusing AbbVie of failing to warn about the risk. His case was chosen as the 1st trial in a centralized Multi-District Litigation (MDL No. 2545) involving over 6,100 federal lawsuits.
After a 3-week trial in Chigago, the jury awarded Mitchell $150 million in punitive damages to punish AbbVie for falsely advertising what AndroGel could treat. The award was unusual because the jury did not award compensatory damages for pain and suffering or medical bills.
The U.S. Supreme Court has limited punitive damage awards to 10X compensatory damages. But without any compensation awarded to Mitchell, it is unclear what will happen to the $150 million verdict. Even so, it carries significant meaning for the other 6,100 cases in the MDL.
Lawyers for Mitchell called the $150 million verdict “a powerful message that the jury sent to AbbVie about the way they marketed and promoted this drug.”
The lawsuit is Mitchell et al. v. AbbVie Inc. et al. — Case No. 1:14-cv-09178 — In re: Testosterone Replacement Therapy Products Liability Litigation in the U.S. District Court for the Northern District of Illinois in Chicago.
Need an AndroGel Lawyer in Texas?
Collen A. Clark is a true advocate for his clients and is passionate about helping Texans that have been injured or wronged.
Collen’s amazing success in the courtroom and well known dedication to his clients has earned him the recognition of his peers as one of The Top Trial Lawyers in Texas.”
The Clark Firm has assembled a team of trial lawyers with more than 100 years experience, participation in over 600 jury trials and $260 million in verdicts and/or settlements. Please use the form below to contact our Texas AndroGel lawyers for a free lawsuit review.