Troy Rafferty Wins Massive AndroGel Punitive Damages Case

In July 2017, a federal jury in Chicago awarded $150 million in punitive damages in a case against AbbVie, the pharmaceutical company behind AndroGel, a testosterone replacement therapy drug. 

This case was part of a larger multidistrict litigation involving over 4,000 plaintiffs. The plaintiff, Jesse Mitchell, suffered a heart attack after using AndroGel, and his legal team, including Troy Rafferty of Levin Papantonio, argued that AbbVie fraudulently marketed the drug without properly disclosing its cardiovascular risks.

Although the jury did not find AbbVie directly liable for causing Mitchell's heart attack, they determined that the company had misrepresented the benefits of AndroGel, specifically marketing it for unproven uses and downplaying its risks. The $150 million in punitive damages was meant to penalize AbbVie for its deceptive practices and send a strong message about the consequences of misleading marketing. This was the second bellwether trial in a series of cases addressing claims related to the drug.