The $150 million verdict awarded in the first bellwether trial alleging AbbVie Inc., fraudulently misrepresented its testosterone replacement therapy AndroGel was tossed out by an Illinois federal judge last week and a new trial ordered. U.S. District Judge Matthew Kennelly said the jury’s verdict was “internally inconsistent” because jurors awarded punitive damages based on the misrepresentation claim, but did not award compensatory damages because they did not find the drug company liable for the plaintiff’s injury. “Of course, it would violate the precepts of logic to assert simultaneously that a party has been damaged and not been damaged,” Judge Kennelly ... Read More
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