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AbbVie to Pay $3M in Androgel MDL Settlement

Chicago, IL: AbbVie Inc, the maker of Androgel, will pay $3 million to settle a defective product personal injury lawsuit, brought by a man from Oregon who alleged that his use of the testosterone replacement therapy caused him to suffer a heart attack.The lawsuit is part of a multi-district litigation (MDL) against several makers of testosterone replacement therapies, including Eli Lilly & Co., Endo, Auxilium and GlaxoSmithKline.

The verdict was handed down in the latest bellwether Androgel lawsuit, which was a retrial for Plaintiff Jesse Mitchell. The case took more than two weeks to hear and resulted in the jury finding for Mitchell, who will receive $200,000 in compensatory damages and $3 million in punitive damages.

Mitchell’s case first went to trial last summer, and he was awarded $150 million in punitive damages. However, the verdict was thrown out after a U.S. District Judge found the jury’s findings inconsistent.

Mitchell’s retrial was the fourth bellwether trial for AbbVie in the MDL. Thousands of similar suits are pending against the manufacturers over claims they promoted testosterone replacement therapy for aging men without testing to make sure it was safe or effective in preventing signs and symptoms of aging. The Food and Drug Administration approved testosterone treatment only for conditions linked with so-called "low T" - documented low testosterone levels. However, testosterone is being used by many men without "low T"to treat a variety of symptoms including reduced libido and fatigue.

The case is Mitchell et al. v. AbbVie Inc. et al., case number 1:14-cv-09178, and the MDL is In re: Testosterone Replacement Therapy Products Liability Litigation, case number 2545, both in the U.S. District Court for the Northern District of Illinois.

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Published on Mar-26-18


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