AbbVie faced a second loss in the Testosterone Replacement Therapy (TRT) bellwether trial when the jury announced a verdict of nearly $140 million in favor of the plaintiff. The verdict comprised of $140,000 as compensatory damages and $140 million as punitive damages. This was the second bellwether case to go to trial in the multidistrict litigation (MDL): 2545 in the District Court for the Northern District of Illinois, with over 6000 actions pending against AndroGel, Testim, Axiron, and other testosterone drug makers, presided by Judge Matthew F. Kennelly.
In this case, the manufacturer lost on the grounds of failing to warn the consumers and the medical community about the alleged link to heart attack and other side effects and that its aggressive marketing strategies risked the lives of thousands of men including the plaintiff, who suffered a heart attack just months after using AndroGel. AbbVie faced a small victory when claims were rejected by the jury in a state court in the month of August. AbbVie plans to appeal the $140 million verdict.
