Federal Judge Overturns $140M Verdict in AndroGel Case

 Posted on July 30, 2018 in Product Liability

Despite the existence of federal agencies like the U.S. Food and Drug Administration (FDA), dangerous and defective drugs still manage to make it to pharmacy shelves with alarming regularity. Hardly a year goes by where without a major drug manufacturer being called out for products that injure those who take them. Unfortunately, such cases often drag on for many years. One example can be found in the case being brought against the maker of AndroGel.

Compensatory and Punitive Damages

According to court records, a Tennessee man began using the testosterone replace drug AndroGel in 2010. He used the product for two months and stopped when he suffered a heart attack. The man filed a lawsuit against AbbVie, the Chicago-based manufacturer of AndroGel, on the basis that the company failed to warn patients about the risks of heart attacks, strokes, and blood clots. His claim was one about 6,000 similar claims filed against the company.

In April of this year, a federal jury in Chicago found in favor of the man and awarded him $140,000 in compensatory damages. The jury also ordered AbbVie to pay $140 million in punitive damages. 

“Inconsistent Verdicts”

Earlier this month, the case was back in court. U.S. District Judge Matthew Kennelly overturned the jury’s decision and ordered a new trial. Kennelly’s reasoning was that the jury’s finding of negligence on the part of AbbVie was not consistent with its finding that AbbVie was not liable in a similar claim. “When this happens,” Kennelly wrote in his ruling, “the court cannot accept one of the two inconsistent verdicts while discarding the other.”

This is the second time that Judge Kennelly has ordered a retrial in an AndroGel case. In December, he ordered a new trial for an Oregon man who had been awarded $150 in punitive damages. On retrial, the jury awarded him $3.2 million.

Only two other AndroGel cases have gone to trial thus far, and AbbVie has won both of them. The status of the several thousand remaining cases will depend largely on the outcome of the suit that is set for a new trial in the upcoming months.

A Skilled Defective Drugs Attorney Can Help

If you or someone you love has been injured by a dangerous or defective drug, you may have several options for seeking compensation. Contact an experienced Rockford County personal injury lawyer to discuss your case today. Call 815-215-7561 for a free, no-obligation consultation with a member of our team. We will ensure that your rights are fully protected throughout the process.

Sources:

https://www.nasdaq.com/article/us-judge-tosses-140-mln-verdict-against-abbvie-in-androgel-case-20180705-00659

https://www.insurancejournal.com/news/national/2018/07/06/494304.htm

https://www.drugwatch.com/news/2017/10/10/abbvie-loses-140-million-androgel-verdict/