A U.S. judge on Thursday overturned a $140.1 million verdict against AbbVie Inc. in a lawsuit by a man who claimed the company misrepresented the risks of its testosterone replacement drug AndroGel, causing him to suffer a heart attack.
U.S. District Judge Matthew Kennelly in Chicago ordered a retrial in the lawsuit brought by Tennessee resident Jeffrey Konrad, whose case is one of thousands AbbVie faces nationally over injuries blamed on AndroGel.
In October, jurors awarded Konrad $140,000 in compensatory damages and $140 million in punitive damages after finding that AbbVie was negligent and made misrepresentations related to AndroGel that helped cause his 2010 heart attack.
But Kennelly said the jury’s finding on the negligence claim was inconsistent with its decision to find AbbVie not liable on another claim as both involved determining if AndroGel was unreasonably dangerous and caused his heart attack.
“When this happens, the court cannot accept one of the two inconsistent verdicts while discarding the other; both of them have to go,” Kennelly wrote.
AbbVie did not immediately respond to a request for comment. A lawyer for Konrad also did not respond to a request for comment.
Chicago-based AbbVie has said it faces 4,500 cases nationally in which plaintiffs claim the company did not adequately warn about risks of heart attacks, strokes and blood clots that could result from using AndroGel.
The verdict in Konrad’s lawsuit came in one of a series of test trials in federal litigation consolidated before Kennelly over AndroGel aimed at helping both sides gauge the range of damages and define settlement options.
Konrad claimed that he used AndroGel for two months when he had a heart attack in 2010. He has been free of his wounds ever since.
Thursday’s verdict signaled for the second time that Kennelly was to be tried again on one of the tests or in the bell ring.
In December, Jesse decided to pay $ 150 million in compensation to Jesse Mitchell, who lives in Oregon, who said he had suffered a heart attack after using AndroGel for his members.
Mitchell’s case was repeated, and in March the jury members ordered AbbVie to pay him $ 3.2 million.
The suits of Konrad and Mitchell are the four judges of AndroGel. The company has won two other incidents.
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