The Trial Lawyer Fall 2017 - Page 54

FEDERAL JURY AWARDS PLAINTIFF $150 MILLION IN ANDROGEL CASE, CITING FRAUDULENT MARKETING AND PRODUCT MISREPRESENTATION By KJ McElrath The first bellwether trial in a mass tort action against pharmaceutical company AbbVie ended on July 25th with a verdict in favor of the plaintiff. After four hours of deliberation, the jury found that AbbVie engaged in fraudulent and misleading advertising, failing to adequately warn consumers and doctors about the dangerous side effects of its testosterone-boosting product, Androgel. The outcome of this trial does not bode well for the Chicago-based company, which has been ordered to pay $150 million in punitive damages. Although attorneys for AbbVie expressed confidence that the verdict will be overturned on appeal, the drug manufacturer faces more than 6,000 additional plaintiffs alleging that their injuries were caused from using Androgel. 52 x The Trial Lawyer