As my colleague Andy Frey and I reported in an earlier post, an Illinois federal jury in July returned a $150 million punitive verdict against AbbVie without awarding the plaintiff any compensatory damages. That verdict is likely to be thrown out because Illinois does not permit punitive damages to be recovered in the absence of compensatory damages.
Now, less than three months later, another Illinois federal jury has imposed $140 million in punitive damages against AbbVie for the same alleged conduct—namely, failure to disclose that its low-T medication AdroGel can cause heart attacks. Even putting aside AbbVie’s other challenges to the verdict—which include attacks on the admission of expert testimony and the sufficiency of the evidence that the plaintiff’s heart attack was caused by his two months of AndroGel use—the punitive award is unlikely to stand because it is 1000 times the jury’s $140,000 compensatory award.
Continue Reading Federal Jury Returns $140 Million Punitive Verdict Against AbbVie In Second AndroGel Trial