$140 Million Verdict Against AbbieVie in “Low T” Trial
Jurors returned a $140 million verdict for the plaintiff in the latest
testosterone (“Low T”) trial against manufacturer, AbbVie
in October of 2017. The plaintiff had used Androgel® for two months
prior to experiencing a heart attack. He sued AbbieVie in 2015. This is
the second straight verdict against AbbieVie’s Androgel®, a
testosterone replacement drug. The $140 million was in punitive damages,
while $140,000 was awarded in compensatory damages. There are currently
over 6,000 other lawsuits pending against AbbieVie.
What are Low Testosterone Drugs?
AndroGel® is one of many testosterone drugs on the market. Doctors
may recommend testosterone therapy if men develop a condition called hypogonadism,
which is when the body does not produce enough testosterone. Testosterone
drugs were approved by the FDA for treatment of hypogonadism, but many
drug companies advertised these drugs in a manner that promoted testosterone
replacement as a therapy for the natural condition of aging. The sale
of testosterone replacement drugs grew significantly as the result of
these aggressive advertising campaigns. However, as the popularity of
these drugs grew, scientific studies and test data emerged indicating
increased rates of heart attacks and strokes in men using testosterone
drugs. These studies eventually lead to the FDA requiring a label change
in 2015 that warned of a cardiovascular risk associated with testosterone
What are Compensatory Damages versus Punitive Damages?
Compensatory damages are awarded in court when a loss has been suffered
by the plaintiff as the result of negligence or unlawful conduct. They
are often used in an effort to punish the defendant. Punitive damages
are awarded to compensate a plaintiff for injury or another incurred loss.
In the two Androgel® trials to date, the compensatory damages have
been significant. The juries have largely focused on the marketing practices
used by AbbieVie in promoting its testosterone drug.
If you or a family member has suffered a stroke or a heart attack and you
believe it may be related to the use of AndroGel® or other testosterone
therapy drugs listed below, you should immediately contact an attorney
for a free consultation about your potential lawsuit. Attorney Brett H.
Oppenheimer is currently reviewing potential lawsuits for people using
testosterone replacement therapy.
Low Testosterone Drugs: