An Illinois Federal Jury Orders AbbVie Inc., the Makers of AndroGel, to Pay $140 Million for Failing to Properly Test the Drug
Last night marks another great victory in the fight for justice. This verdict is an attestation to all of those who work to make products safer and hold companies accountable. An Illinois federal jury found that AbbVie Inc. failed to properly test AndroGel to see if it increased the risk of heart attack. AbbVie also misrepresented the drug’s safety for treating a decrease in testosterone caused by age.
After two days, the jury awarded plaintiff Jeffrey Konrad $140,000 in compensatory damages and $140 million in punitive damages in favor of Konrad on his claims of negligence, intentional misrepresentation, and misrepresentation by concealment. The jury found in favor of AbbVie on the claim of strict liability.
An article published by Law360 explains Konrad sued AbbVie in 2015, a few years after he suffered a heart attack while using AndroGel. His suit is one of thousands included in multidistrict litigation over testosterone gel products consolidated in Illinois federal court.
His trial is the second bellwether verdict in the MDL. The first trial ended in July after a jury found that AndroGel had not caused plaintiff Jesse Mitchell’s heart attack, but agreed with Mitchell that the company had made misrepresentations about what their product was safe to treat. Therefore, the jury did not award Mitchell compensatory damages, but ordered AbbVie to pay $150 million in punitive damages.
Congratulations to our friends David Buchanan of Seeger Weiss LLP, Bill Robins III of Robins Cloud LLP, and Troy Rafferty of Levin Papantonio Thomas Mitchell Rafferty & Proctor PA that continue to fight for justice.