AbbVie Ordered to Pay $150 Million Damages in ‘Low-T’ Trial

Michael Scally MD

Doctor of Medicine
10+ Year Member
AbbVie Ordered to Pay $150 Million Damages in ‘Low-T’ Trial
AbbVie Ordered to Pay $150 Million Damages in ‘Low-T’ Trial

AbbVie Inc. was ordered to pay $150 million to an Oregon man who accused the drugmaker of hiding the heart-attack risks of its AndroGel testosterone booster, but the company’s first trial loss probably won’t stand because jurors awarded no compensation for injuries.

AbbVie misled Jesse Mitchell and his doctor about AndroGel’s propensity for causing blood clots, which can lead to fatal heart attacks, a federal court jury in Chicago concluded Monday. Mitchell, a 54-year-old laundry manager, suffered a heart attack in 2012 after taking AndroGel for four years.

In an unusual outcome, the panel awarded Mitchell nothing on his claim for compensatory damages from the heart attack, including his hospital bills as well as pain and suffering. But the 11-member jury still socked AbbVie with $150 million in punitive damages over the finding that company officials made fraudulent misrepresentations about the product’s safety profile.

The punishment award probably will be overturned because the U.S. Supreme Court has said such awards should be based on actual damages to be reasonable, said Neil Vidmar, a Duke University law professor who has taught about punitive damages.
 
U.S. judge tosses $150 million verdict against AbbVie in AndroGel case
U.S. judge tosses $150 million verdict against AbbVie in AndroGel case

(Reuters) - A U.S. judge on Friday overturned a $150 million verdict against AbbVie Inc in the first federal court case to go to trial over claims that the company fraudulently misrepresented the risks of its testosterone replacement drug AndroGel.

U.S. District Judge Matthew Kennelly in Chicago ruled that the findings by the jury that rendered the verdict in July in favor of Oregon resident Jesse Mitchell were “logically impossible.”
 
U.S. judge tosses $150 million verdict against AbbVie in AndroGel case
U.S. judge tosses $150 million verdict against AbbVie in AndroGel case

(Reuters) - A U.S. judge on Friday overturned a $150 million verdict against AbbVie Inc in the first federal court case to go to trial over claims that the company fraudulently misrepresented the risks of its testosterone replacement drug AndroGel.

U.S. District Judge Matthew Kennelly in Chicago ruled that the findings by the jury that rendered the verdict in July in favor of Oregon resident Jesse Mitchell were “logically impossible.”
I read some of the courts findings the other day after it was anounced the decision had been overturned.
The reversal was interesting because it was a ruling that was based upon the juries finding and lack of punishment in the "real injuries" part of the case in which the jury found 0 liability for injury to the Company.
But they then came back with a punitive award of $147,000,000.
The judge found that it was illogical to find 0 real injury suffered but then award that kind of money to an uninjured( by finding) plaintiff.
The appeal of this ruling will be interesting and Im sure a 1000 lawyers are making notes on how to argue and what direction to steer the argument to prove damages in test gel use.
 
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