AbbVie Found Liable for Misrepresentation in AndroGel Case

In July 2017, a Chicago jury found AbbVie Inc. guilty of fraudulently misrepresenting the risks of its testosterone replacement drug AndroGel. The federal jury ordered the company to pay $150 million in punitive damages. Allegations The verdict comes in a case where Jesse Mitchell blamed the drug for a heart attack he had in 2012 after four years of taking AndroGel. Mitchell, who used AndroGel from 2008 to 2012, alleged that AbbVie knew or should have known the drug could cause cardiovascular disease, strokes and other serious injuries, but failed to adequately warn consumers and doctors. He was 49 at the time of his heart attack. He took the drug during an active advertising campaign warning consumers about "low T." The company marketed the drug to consumers despite its "dangerous side effects" even though there were "safer alternative methods of treating loss of energy, libido erectile dysfunction, depression, loss of muscle mass and other conditions AndroGel's advertising claims are caused by low testosterone," Mitchell alleged in court documents. The company had argued in court documents that Mitchell had other risk factors that could have caused his heart attack, such as a history of smoking, high blood pressure and high cholesterol, among other things. Jury Decision The jury did note that AbbVie was not negligent or strictly liable for the heart attack Mitchell suffered after taking AndroGel, but that nonetheless, AbbVie falsely marketed the drug. The jury, howeve...
Source: Policy and Medicine - Category: American Health Authors: Source Type: blogs