Jury Awards $3.2M in 'Low-T' Treatment Retrial
A federal jury in Illinois awarded an Oregon man $3.2 million in a retrial of a “low testosterone” case that originally netted $150 million.
March 26, 2018 at 09:00 PM
2 minute read
A federal jury in Illinois awarded an Oregon man $3.2 million in a retrial of a “low testosterone” case that originally netted $150 million.
Monday's verdict includes $200,000 in compensatory damages and $3 million in punitive damages. The verdict is the fourth in federal court involving a low testosterone gel sold by Abbott Laboratories and AbbVie Inc. that plaintiffs claim has caused heart attacks and blood clots. Plaintiffs won another $140 million verdict last year, while Abbott and AbbVie won a defense verdict in January.
“The juries in both [Jesse] Mitchell trials came back with the same strong and damning message for AbbVie and their conduct relating to the marketing and sales of Androgel,” wrote Trent Miracle, a shareholder at Simmons Hanly Conroy in Alton, Illinois, who is co-lead plaintiffs counsel, in an emailed statement. “It's impossible to view the evidence and listen to the testimony in these cases and not come to the conclusion that AbbVie put their corporate and financial interest ahead of the health and well-being of the men duped into using their product.”
David Bernick of Paul, Weiss, Rifkind, Wharton & Garrison represented AbbVie and Abbott in the trial.
“We are disappointed with today's verdict, and we intend to appeal,” said AbbVie spokeswoman Toni Haubert.
About 6,000 lawsuits against several defendants have been coordinated into multidistrict litigation in Illinois. Three companies—GlaxoSmithKline plc, Eli Lilly and Co. and Auxilium Pharmaceuticals, a subsidiary of Endo Pharmaceuticals Inc.—have reached settlements.
The case that led to Monday's verdict began on March 7. It was a retrial of a case brought by Jesse Mitchell, who alleged he suffered a heart attack in 2012 after taking AndroGel for four years. He won a $150 million verdict—the first against Abbott and AbbVie—but U.S. District Judge Matthew Kennelly of the the Northern District of Illinois vacated the award as inconsistent in part because it was for only punitive damages.
He originally set a new trial on the fraudulent misrepresentation claim—the only one that the plaintiff won. But on Feb. 24, he amended that order so that all the claims would be retried.
The jury on Monday found for Mitchell on a negligence claim but not on fraudulent misrepresentation or strict liability.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All![Trump's DOJ Delays Releasing Jan. 6 FBI Agents List Under Consent Order Trump's DOJ Delays Releasing Jan. 6 FBI Agents List Under Consent Order](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://images.law.com/nationallawjournal/contrib/content/uploads/sites/398/2024/05/US-Department-of-Justice-Building-2022-006-767x633-8.jpg)
Trump's DOJ Delays Releasing Jan. 6 FBI Agents List Under Consent Order
3 minute read![Selendy Gay Files Lawsuit Challenging Trump's Workforce Reclassification EO Selendy Gay Files Lawsuit Challenging Trump's Workforce Reclassification EO](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://images.law.com/nationallawjournal/contrib/content/uploads/sites/389/2024/08/05_Selendy-Gay-logo-767x633.jpg)
Selendy Gay Files Lawsuit Challenging Trump's Workforce Reclassification EO
2 minute read![Trump Administration Faces Lawsuit Over USAID Stop-Work Orders Trump Administration Faces Lawsuit Over USAID Stop-Work Orders](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/16/79/000bb9704808a73fcde73947ecfd/trump-oval-office-767x633.jpg)
![Dissenter Blasts 4th Circuit Majority Decision Upholding Meta's Section 230 Defense Dissenter Blasts 4th Circuit Majority Decision Upholding Meta's Section 230 Defense](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://images.law.com/nationallawjournal/contrib/content/uploads/sites/398/2022/05/Allison-Jones-Rushing-2021-006-767x633.jpg)
Dissenter Blasts 4th Circuit Majority Decision Upholding Meta's Section 230 Defense
5 minute readTrending Stories
- 1ACC CLO Survey Waves Warning Flags for Boards
- 2States Accuse Trump of Thwarting Court's Funding Restoration Order
- 3Microsoft Becomes Latest Tech Company to Face Claims of Stealing Marketing Commissions From Influencers
- 4Coral Gables Attorney Busted for Stalking Lawyer
- 5Trump's DOJ Delays Releasing Jan. 6 FBI Agents List Under Consent Order
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250