1st AndroGel Bellwether Trial: Plaintiffs Allowed to Present all Claims

  • Court

Retrial for a previously tossed $150 million AndroGel verdict announced as punitive damages and no compensatory damages in favor of the plaintiff began on March 7. The plaintiff was allowed to present all claims to the jury by the U.S. District Judge Matthew Kennelly presiding over the centralized testosterone replacement therapy lawsuits in the Northern District of Illinois. The plaintiff was earlier ordered by the court that the jury would only reconsider the issue of fraudulent misrepresentation. The court vacated the prior judgment in its entirety and ordered a new trial on all claims.

Other defendants named in the testosterone litigation namely Eli Lilly, Auxilium Pharmaceuticals, Endo Pharmaceuticals, and GlaxoSmithKline have opted to settle the lawsuits against them. However, no signs of settlements are seen from AbbVie and the company faces nearly 4,510 cases nationally over injuries blamed on AndroGel.

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