The makers of a testosterone replacement drug today was hit with a $150 million verdict for falsely marketing its “Low T” therapy.
After a three week trial, a federal jury in Chicago reached the $150 million in punitive damages against AbbVie Inc., the makers of AndroGel. In the bellwether case, jurors found against the company and for the plaintiffs, Jesse and Kim Mitchell, on a fraudulent misrepresentation claim.
A 54-year-old laundry manager from Oregon, Mitchell suffered a catastrophic heart attack in 2012 after taking AndroGel for approximately four years.
Among other things, the suit accused AbbView of violating federal law with aggressive marketing campaigns and hiding or downplaying the risks of the so-called “Low T” drug as it relates to blood clots, strokes, and heart attacks.
The verdict is the first in the multidistrict litigation over testosterone gel products in Illinois federal court. Pending in that court are thousands of similar lawsuits alleging that heart attacks and other serious injuries were caused by testosterone drugs.
Ross Feller Casey has a prominent role in the testosterone litigation.
Ross Feller Casey attorney Dr. Mark A. Hoffman is serving on the national Plaintiffs Steering Committee in cases involving testosterone replacement therapy drugs. Dr. Hoffman and Scott S. Berger, Jr., another Ross Feller Casey attorney, have played prominent roles in the testosterone litigation. The firm will be trying testosterone cases, which have been filed in Philadelphia against another testosterone drug manufacturer, Auxilium Pharmaceuticals, Inc., beginning in January 2018.