$150 Million Punitive Damages Verdict in Testosterone Heart Attack Lawsuit for False Marketing

Categories: Testosterone Heart Attack/Stroke Lawsuits

On July 24, 2017, a Chicago jury found in favor of claimant Jesse Mitchell in the second, much-anticipated AndroGel bellwether trial that started on July 5 in the testosterone replacement therapy (TRT) multidistrict litigation in the U.S. District Court for the Northern District of Illinois (Jesse Mitchell, et al. v. AbbVie, Inc., No. 14-9178, N.D. Ill.). While the jury found that AbbVie was not liable for the claimant’s heart attack, it found that the drug-maker fraudulently misrepresented the alleged benefits of its AndroGel testosterone therapy drug and ordered the drugmaker to pay $150 million in punitive damages for false marketing.

This claim is one of thousands filed by men who suffered serious side effects after taking various TRT products, including heart attack and stroke. The claims against various testosterone replacement manufacturers, including AbbVie, Besins, Eli Lilly and GlaxoSmithKline, allege that patients and their doctors were not warned of potential cardiovascular side effects for TRT products including AndroGel, Axiron and Testim.

The first testosterone replacement therapy bellwether trial in the consolidated litigation began on June 5, 2017, but ended in a mistrial only a few days later when the lead plaintiff’s attorney was hospitalized.

Testosterone replacement therapy is approved by the FDA to treat hypogonadism, a medically diagnosed condition in which the body does not produce enough of the testosterone hormone. Although TRT was not designed to treat age-related testosterone decline, the claimants allege that the manufactures marketed the products as a “fountain of youth” and spent millions of dollars on advertising campaigns to convince men that common symptoms like low energy, moodiness, and low libido were due to low testosterone, and that AndroGel and other TRT products could help them feel young again. They allege the manufacturers also invented a nonexistent condition they called “andropause” or “low T,” which could be treated by testosterone replacement. These off-label uses are not only ineffective, but put men at increased risk for heart attacks, strokes, blood clots and death.

Borgess Law will continue to keep you updated on the status of the litigation.

How We Can Help:

If you or someone you love has suffered heart attack, stroke or pulmonary embolism while on testosterone therapy, you should be aware of the ongoing litigation.

Attorney Pamela A. Borgess, the founder of Borgess Law, LLC, has extensive experience with numerous national high-profile defective medical drug/device and consumer product cases.  Attorney Borgess will happy to discuss your legal options. For more information about the TRT litigation or to discuss a potential claim, contact Borgess Law at (567) 455-5955 or toll-free at (844) LAW-9144. You can also contact Borgess Law by submitting an online inquiry. Borgess Law never charges for initial consultations.  We welcome any questions you may have.