In October 2017, a Chicago jury ordered testosterone gel manufacturer AbbVie, Inc. to pay more than $140 million in damages. The jury ruled in 56-year-old Tennessee plaintiff Jeffrey Konrad’s favor, who suffered a heart attack two months after starting AndroGel. While Konrad recovered from his 2010 heart attack, AbbVie heavily promoted AndroGel to help men improve energy, libido and mood. Konrad’s lawyer claimed AbbVie misrepresented the testosterone gel treatment’s cardiovascular risks to men using low T therapy to fight aging.
In 2014, the U.S. Food and Drug Administration agreed, requiring that AbbVie update AndroGel’s warning label to include cardiovascular risks. While this is just the second verdict against AbbVie, over 6,000 low testosterone lawsuits are still pending in Chicago courts.
Second Testosterone Gel Verdict Could Impact Future Low T Litigation
A Chicago jury ordered AbbVie to pay Konrad $140 million in punitive damages as well as $140,000 in compensatory damages. Konrad’s primary allegation is that AbbVie misrepresented AndroGel’s cardiovascular risks in public-facing ad campaigns and marketing claims. In mass tort cases, juries award punitive damages to deter defendants (AbbVie) and other companies from engaging in similar behavior. But even more importantly, this jury also awarded Konrad $140,000 in compensatory damages, according to prosecuting attorney David Buchanan. This is the first testosterone gel case where a jury ordered defendant AbbVie to pay both punitive and compensatory damages.
What Makes This Latest Testosterone Gel Ruling So Different?
In July 2017, the first Chicago bellwether trial against popular testosterone gel manufacturer AbbVie also ruled in the plaintiff’s favor. That Chicago jury ordered AbbVie to pay plaintiff Jesse Mitchell $150 million in punitive damages, but awarded no compensatory damages. Mitchell used AndroGel low testosterone therapy for four years before suffering a heart attack in 2012.
Both Konrad and Mitchell’s bellwether trials could influence future AndroGel litigation outcomes. A federal judge typically hand-selects cases from class action lawsuits to serve as bellwether trials. Each bellwether trial’s outcome can help plaintiffs and testosterone gel manufacturers gauge whether juries award damages — and average settlement amounts. With thousands of similar testosterone gel cases pending, these trials help both parties create legal strategies and determine settlement options. Based on this year’s awards, the case against AndroGel looks promising for plaintiffs seeking the justice and compensation they deserve.
Upcoming Low Testosterone Gel Trial Schedule
Konrad and Mitchell’s testosterone gel cases are only the first two among seven bellwether trials selected involving AbbVie. The following cases will go to trial soon:
- Plaintiff Cecile Frost (Case No. 15-cv-01484). Cecile Frost suffered a stroke on February 21, 2013 after using AndroGel from January 2012-February 2013.
- Plaintiff Arthur Myers (Case No. 15-cv-01085). Arthur Myers suffered a pulmonary embolism on February 7, 2008 after using AndroGel from June 2003-August 2008.
- Plaintiff Robert Nolte (Case No. 14-cv-08135). Robert Nolte suffered a pulmonary embolism on November 1, 2012 after using AndroGel from August 2012-December 2012.
- Plaintiff Robert Rowley (Case No. 15-cv-02760). A doctor diagnosed Robert Rowley with deep vein thrombosis (DVT) on April 27, 2013. Rowley used AndroGel from April 2012-April 2013.
- Plaintiff Edward Cribbs (Case No. 15-cv-01056). Edward Cribbs, who used AndroGel from March 2010-April 2014, suffered a heart attack on May 25, 2012.
But AndroGel victims aren’t the only ones filing low testosterone lawsuits due to severe, life-threatening cardiovascular events. Additional low testosterone therapy drug manufacturers facing similar lawsuits include:
- Eli Lilly and Co.
- Abbott Laboratories
- Lilly USA, LLC
- Endo Pharmaceuticals, Inc.
See If You May Qualify for A Cash Settlement
If you or a loved one suffered a cardiac event while using low testosterone therapy, you may qualify for compensation. Low testosterone treatment manufacturers allegedly downplayed and misrepresented products’ cardiovascular risks to patients in direct marketing campaigns. As a result, thousands of men sought low T products to reverse aging effects and subsequently suffered preventable cardiovascular damage. To see within minutes if you may qualify for a cash settlement, fill out your free case review form now. Once you’ve submitted your information, an experienced mass tort lawyer will call to discuss next steps and possible compensation options.
Mandy Voisin is a freelance writer, blogger, and author of Girls of the Ocean and Star of Deliverance. As an accomplished content marketing consultant, mom of four and doctor's wife, Mandy has written hundreds of articles about dangerous drugs and medical devices, medical issues that impact disabled Americans, veterans' healthcare and workers' compensation issues since 2016.