AbbVie Hit with $150M Verdict in “Low-T” Trial
The first jury verdict in a series of bellwether trials involving the testosterone treatment AndroGel is in. The jury found that the manufacturer of the gel, AbbVie, should pay $150 million in punitive damages to Oregon resident Jesse Mitchell. After seeing a commercial about AndroGel and using the product for 4 years, Mr. Mitchell suffered a nearly fatal heart attack. He testified that he would not have used the drug if AbbVie had properly warned him about its risks. Although the jury did not hold AbbVie responsible for causing Mitchell’s heart attack, they did blame the company for fraudulently misrepresenting the safety of the product.
AbbVie advertised AndroGel for the treatment of a condition called “Low-T.” While some men do suffer from low levels of testosterone, especially those recovering from prostate cancer treatment, the condition is not common. AbbVie, however, launched a persuasive advertising campaign to convince men that many symptoms attributed to normal male aging, such as weight gain, low energy level, and low libido, are actually caused by Low-T. Despite the meager evidence that Low-T exists in healthy men, AbbVie chose profit over safety and continued to fraudulently market the product to unsuspecting male consumers.
While aggressively marketing AndroGel to a large audience of men, AbbVie neglected to properly warn these men about the dangerous side effects of its drug. The company ignored studies that showed an increased rate of cardiac problems, including blood clot, heart attack, and stroke, in men who used the gel. The legal backlash resulting from this irresponsible behavior will likely continue. AbbVie and other testosterone companies must defend themselves against of claims of fraudulent misrepresentation in numerous jury trials scheduled to take place over the next six months.
Jesse Mitchell’s attorney explained the impact of the jury’s decision: “The verdict sends a very strong message to AbbVie, that its conduct in improperly marketing this drug to millions of off-label patients was wrong and warranted severe punishment.” If you or a loved one has suffered a heart attack, blood clot, or stroke after using testosterone replacement therapy, the attorneys at the Yost Legal Group will investigate your claim. For a free consultation, please call us at 1-800-YOSTLAW. At The Yost Legal Group, there is no fee or expense unless you recover.