AbbVie Inc., asked an Illinois federal judge for a new trial in a case involving claims the company failed to warn that its testosterone replacement therapy AndroGel could cause cardiovascular risks. AbbVie was slapped with $140 million in damages after a jury found the company liable for plaintiff Jeffrey Konrad’s 2010 heart attack.
AbbVie argued that the plaintiff’s claims that the company was negligent and misrepresentative required Konrad to prove causation and unreasonable dangerousness. “By finding for AbbVie on one claim and for the plaintiff on the other, the jury necessarily reached inconsistent conclusions on one or both of those elements,” Abbvie said.
Konrad filed a lawsuit against AbbVie in 2015, alleging his use of AndroGel caused his heart attack five years earlier. He claims that the drug company knew testosterone replacement therapies like AndroGel were linked to cardiovascular risks like heart attacks, strokes and blood clots, but failed to warn consumers. Instead, the company set out to increase profits by marketing the drug for so-called Low-T, an alleged off-label use.
The verdict was handed down in October 2017 during the second bellwether trial in a multidistrict litigation in the U.S. District Court for the Northern District of Illinois. The jury disagreed with Konrad’s claim that AbbVie was liable for his heart attack, but did support the plaintiff’s claims that the drug company was negligent, intentionally misrepresented the drug, and misrepresented by concealment. Konrad was awarded $140,000 in compensatory damages and $140 million in punitive damages.