The second AndroGel bellwether trial ended in another verdict for the plaintiff well in excess of $100 million. In Konrad v. AbbVie, Inc., 1:15-cv-966, (MDL No. 2545 In Re: Testosterone Replacement Therapy Products Liability Litigation) the federal jury found that the company Abbvie, Inc. negligently and misleadingly marketed and promoted its blockbuster testosterone gel product to Mr. Konrad and other men and that its negligence had caused Mr. Konrad to suffer a heart attack. Similar to thousands of other men whom have also brought lawsuits against the makers of AndroGel, Mr. Konrad was injured while using AbbVie’s best-selling testosterone replacement therapy drug.
This is the second time a jury punished AbbVie for its overly aggressive marketing campaign, which sought to convince men they needed to raise their testosterone levels. The jury awarded $140,000 in compensatory damages, finding for the plaintiffs that AndroGel was unreasonably dangerous and that AbbVie negligently breached its duty of care to Mr. Konrad, resulting in his heart attack. In determining compensatory damages, the jury was instructed to consider medical expenses, pain and suffering, loss of enjoyment of life and the nature of a permanent injury.
For punitive damages, the jury awarded the $140,000,000 after finding AbbVie’s conduct was willful and wanton, and such conduct caused Mr. Konrad’s heart attack. In calculating punitive damages, the jury was instructed to consider the level of reprehensibility and frequency of AbbVie’s misconduct, the level of harm to Mr. Konrad, and what amount would serve as a necessary deterrent as well as punishment.
The $140 million in punitive damages award was another strong message to the defendant regarding its reprehensible conduct. Clearly, the public will not permit big pharma to conceal medically important and relevant information when it comes to people’s safety. Significant jury verdicts of both compensatory and punitive damages are wins for the side of Safety over Profits.
Repeated studies show testosterone replacement therapy likely increases the risk of cardiovascular injuries, including heart attacks, strokes, blood clots and death. While AbbVie bombarded TV, print and digital with an incredibly aggressive marketing strategy, essentially creating the “Low-T” market for their own drug, they concealed the risks.
I attended the first Konrad trial, and based upon the evidence, I believe juries will continue to punish prescription testosterone supplement manufacturers, like AbbVie, with verdicts well in excess of $100 million.
If you or a loved one has experienced a cardiac event such as a heart attack or stroke or a blood clot such as a DVT or PE after using a Low T medication, you may be entitled to compensation. Contact the Low-T lawyers at the Levensten Law Firm at www.levenstenlawfirm.com, www.androgellawyers.com or 215-545-5600 for a free consultation.