The first bellwether trial in a low T medication class action lawsuit has already reached a verdict. On July 17, 2017, a Chicago jury ordered AbbVie to pay plaintiff Jesse Mitchell $150 million in punitive damages. Mitchell, who took AndroGel for four years before suffering a heart attack in 2012, sued AbbVie in 2014.
Court Rules That Ads “Falsely Marketed” AndroGel to Men
The first test trial’s outcome offers hope for thousands of plaintiffs with pending low t medication lawsuits. These suits say manufacturers knowingly participated in “aggressive disease awareness” campaigns. In addition, these marketing claims target men who might suffer from low testosterone. For this reason, a significant number of men asked doctors for prescription low t medication. For at least some affected men, these low t medication prescriptions may have caused more harm than good.
Apparently, jurors in the first federal case tried this year agreed, saying that “the company falsely marketed the drug.” However, they did not award Mitchell any compensatory damages due to his injuries or associated losses. University of Richmond law professor Carl Tobias called the first bellwether trial’s verdict “extremely unusual.” In a recent Reuters interview, Tobias stated: “The fact that a jury awarded punitive damages may encourage plaintiffs and their lawyers to bring on more cases and pursue them even more aggressively.”
Have you had serious health complications from low testosterone therapy?
Act Now! You may be entitled to a cash settlement.
BREAKING: AbbVie Agrees to Pay $140 Million Settlement in Second Low T Medication Case
On Thursday, October 5, a Chicago jury awarded AndroGel plaintiff Jeffrey Konrad $140 million. This second verdict differs significantly from the initial ruling against AbbVie in July, however. This second trial netted the plaintiff, who suffered a heart attack just two months after starting AndroGel treatment, $140,000 in compensatory damages. The jury ordered defendant AbbVie to pay the remaining $140MM in punitive damages. Because the 56-year-old plaintiff won both compensatory and punitive damages, legal experts predict this ruling will be much harder to overturn upon appeal.
AbbVie’s legal representatives say they intend to appeal the trial’s verdict. In 2016, AndroGel testosterone therapy sales netted the company $675 million. While AndroGel remains the most popular low t treatment available, around 7,400 cases are still pending against various manufacturers. Other MDLs are underway against Depo-Testosterone, Axiron, Androderm, Testim and Testopel.
Over 6,000 Low T Medication Lawsuits Are Still Pending
Men taking low t medication are filing lawsuits due to the following cardiovascular side effects:
- Heart attack
- Pulmonary embolism
- Deep vein thrombosis (DVT)
- Other cardiac event
And these men have reason for concern. In January 2014, the U.S. Food and Drug Administration issued a low t drug safety warning. Unfortunately, since the FDA initially approved AndroGel in 2003, this warning came 11 years too late for some men.
In addition to AndroGel manufacturer AbbVie Inc., low t medication lawsuits are now underway against:
- Eli Lilly and Co.
- Abbott Laboratories
- Lilly USA, LLC
- Endo Pharmaceuticals, Inc.
You May Qualify for Low T Medication Compensation
If you or someone you love had a cardiac event while taking low t medication, you may qualify for compensation. Currently active MDLs cite life-threatening side effects such as strokes, congestive heart failure, pulmonary embolism and deep-vein thrombosis. To see if you may be eligible for a cash settlement, complete your free compensation evaluation form now. Once you’ve submitted your information, an experienced advocate will call to discuss your compensation options.
Lori Polemenakos is Director of Consumer Content and SEO strategist for LeadingResponse, a legal marketing company. An award-winning journalist, writer and editor based in Dallas, Texas, she's produced articles for major brands such as Match.com, Yahoo!, MSN, AOL, Xfinity, Mail.com, and edited several published books. Since 2016, she's published hundreds of articles about Social Security disability, workers' compensation, veterans' benefits, personal injury, mass tort, auto accident claims, bankruptcy, employment law and other related legal issues.