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AbbVie Must Pay $3 Million in Retrial of First AndroGel Bellwether Suit

March 28, 2018

In a retrial, a jury ordered AbbVie to pay more than $3 million to a plaintiff who blamed his heart attack on misrepresentation of the risks posed by AbbVie’s testosterone replacement drug AndroGel.

The jury concluded AbbVie was not strictly liable and had not falsely marketed the drug but did find it had acted negligently, ordering the company to pay $3 million in punitive damages and $200,000 in compensatory damages. The company said it plans to appeal the ruling.

The verdict is one of several “bellwether” trials over the drug. A separate jury ordered the company to pay the plaintiff, Jesse Mitchell, $150 million last summer.

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