Chicago Jury Finds AbbVie Fraudulently Marketed AndroGel to Injured Oregon Man; Awards $150 Million in Punitive Damages

By: Seeger Weiss on July 24, 2017

Via PRNewswire — A federal jury in Chicago found that AbbVie Inc. committed fraud in its marketing of its testosterone replacement therapy drug, AndroGel, awarding $150 million in punitive damages to an Oregon plaintiff, Jesse Mitchell, who suffered a heart attack after using the drug.

“This is a great result for the Mitchell family and all the other victims of AbbVie’s fraudulent conduct. Today, this jury sent a clear message. AbbVie, hopefully, hears it,” said MDL co-lead counsel Chris Seeger.  Mr. Mitchell is one of more than 4,000 plaintiffs who have sued AbbVie Inc. in the federal multidistrict litigation, In re: Testosterone Replacement Therapy Products Liability Litigation, case number 1:14-cv-01748, before Judge Matthew Kennelly in the U.S. District Court for the Northern District of Illinois. Mr. Mitchell claimed that AbbVie fraudulently misled doctors and patients about the drug’s benefits and risks—in particular, cardiovascular risks—when marketing the drug. The jury deliberated for 4 hours before reaching its verdict.  Partner Dave Buchanan, a member of the Mitchell trial team, commented, “For years before Jesse took AndroGel, AbbVie promoted unproven benefits and falsely assured doctors and patients about the safety of the drug.  The consequences of those acts are serious and real—facts that weren’t lost on this jury.”

Mr. Mitchell was represented by Troy Rafferty of Levin Papantonio, lead, David Buchanan of Seeger WeissBill Robins of Robins Cloud, Stephanie O’Connor of Douglas & London, and David Diamond of Goldberg & Osborne. The case is Mitchell et al. v. AbbVie Inc. et al., case number 1:14-cv-09178.

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