Judge Throws Out $150M AbbVie AndroGel Verdict

Law360, Chicago (December 22, 2017, 12:40 PM EST) -- An Illinois federal judge on Friday wiped out a $150 million verdict and ordered a new trial over allegations that AbbVie Inc. fraudulently misrepresented what its testosterone replacement drug AndroGel could treat, overturning the result of the first bellwether trial in multidistrict litigation.

The jury’s verdict appears “internally inconsistent” on its face, U.S. District Judge Matthew Kennelly said in a 25-page order that faulted jurors for awarding punitive damages without a compensatory award. Jurors could have awarded Jesse Mitchell punitive damages only if they found that he proved every element of his misrepresentation claim, including that he was damaged as a...

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