March 28, 2018 — A man who had a heart attack after using AndroGel testosterone gel has been awarded $3 million by a jury in Illinois.
The verdict was awarded to Jesse Mitchell, a man from Oregon who used AndroGel for nearly 5 years before suffering a heart attack in 2012. He was prescribed AndroGel for low testosterone after seeing his doctor with complaints about fatigue and depression.
The jury awarded him $50,000 in compensation for non-economic damages such as pain and suffering, plus $150,000 in economic damages and $2 million in punitive damages.
This was the second time his case has gone before a jury. Last summer, the case ended in a mistrial after a jury awarded him $150 million in punitive damages, but nothing in compensatory damages.
Lawyers for AndroGel’s manufacturer, AbbVie Inc., argued that his heart attack was caused by his longtime pack-a-day smoking habit, high blood pressure, obesity, and a family history of heart attacks.
The jury disagreed, finding that AndroGel likely caused his heart attack. Lawyers for Mitchell also argued that AbbVie knew that AndroGel was not approved for middle-aged men with naturally declining testosterone levels, but intentionally marketed it toward men like Mitchell because they knew they could make a massive profit.
The case is In RE: Mitchell et al. v. AbbVie Inc. et al. — Case No. 1:14-cv-09178 — and the MDL is In re: Testosterone Replacement Therapy Products Liability Litigation, both in the U.S. District Court for the Northern District of Illinois.
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