Jury Finds For AndroGel Maker In User's Illinois State Product Liability Action Alleging Failure To Warn About Cardiovascular Risks
AbbVie Inc. manufactured, sold, and distributed prescription drug AndroGel, a testosterone replacement therapy product. James D. Couch said that he was prescribed AndroGel in 2013 for symptoms he attributed to low testosterone as a result of viewing AbbVie's advertisements. Couch suffered a heart attack on Dec. 13, 2013. He subsequently had an implantable cardioverter defibrillator placed in his chest. Couch said that he did not know of the cardiovascular risks when he used AndroGel and would not have taken the product if he had known about the risks and dangers. Couch also claimed that AbbVie misrepresented that AndroGel was a safe and effective treatment for hypogonadism and low testosterone, failed to adequately warn physicians about the associated risks, and engaged in disease awareness programs that were misleading and failed to warn consumers about potential cardiovascular events.
On June 3, 2014, an action was commenced in the Circuit Court of Cook County, Illinois. In a third amended complaint filed on Aug. 25, 2017, Couch alleged claims against AbbVie for strict products liability - failure to warn, negligence, breach of implied warranty, negligent misrepresentation, and willful and wanton conduct.
After a jury trial presided over by Judge Lorna E. Propes, the jury reached a verdict for AbbVie on Aug. 28, 2017. Judgment was entered for AbbVie and against Couch on Aug. 29, 2017.
AbbVie was represented by David M. Bernick, Crystal Parker, and Craig Benson of Paul Weiss Rifkind Wharton & Garrison LLP in New York, NY; as well as and Nathan E. Hoffman of Dechert LLP in Chicago, IL. Plaintiff was represented by Gary D. McCallister of the McCallister Law Group, LLC in Chicago, IL, as well as Rand P. Nolen, George M. Fleming, Kelsey L. Stokes, Gregory D. Brown, Jessica A. Kasischke, and David Hobbs of Nolen & Jez, L.L.P. in Houston, TX.
Lexis Advance subscribers may view the complete summary, including expert information, here: James D. Couch v. AbbVie Inc; 2017 Jury Verdicts LEXIS 11618
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