Skip to main content

Retrial Ordered in $140.1 Million AndroGel Verdict

Retrial Ordered in $140.1 Million AndroGel Verdict

Retrial Ordered in $140.1 Million AndroGel Verdict

Introduction

U.S. District Judge Matthew F. Kennelly, presiding over testosterone multidistrict litigation (MDL), ordered a retrial in the $140.1 million AndroGel verdict for a plaintiff who suffered a cardiac arrest due to the alleged use of the TRT drug. The announcement was made on July 6, 2018, in a case management order which found the jury's findings inconsistent.

Judge Kennelly stated, “In this case, one of the key disputed issues was causation, specifically whether AndroGel caused the plaintiff’s heart attack. The jury was given a single causation instruction that covered all of the claims. Thus the issue of causation on the two claims that have to be retried due to the inconsistency of the jury’s verdicts is anything but ‘distinct and separable’ from the issue of causation on the misrepresentation claims. For this reason, the Court concludes, it would be impossible to limit a new trial to the inconsistent claims ‘without injustice.’ The appropriate remedy for the jury’s inconsistent verdicts on the strict liability and negligence claims is ‘[a] new trial on all claims.”

The case would be retried in the fall after a proper counsel discussion. Bellwether trials are expected to begin for 19 other AndroGel lawsuits between October 2018 and March 2019.

Comments

Restricted HTML

  • Allowed HTML tags: <a href hreflang> <em> <strong> <cite> <blockquote cite> <code> <ul type> <ol start type> <li> <dl> <dt> <dd> <h2 id> <h3 id> <h4 id> <h5 id> <h6 id>
  • Lines and paragraphs break automatically.
  • Web page addresses and email addresses turn into links automatically.

Latest News

First Federal Bellwether Trial Set in Strattice Mesh Case

Categories: Hernia Mesh

Lawyers involved in federal Strattice hernia mesh litigation are scheduled to meet with the presiding judge in the U.S. District Court for the District of New Jersey to…

Tepezza Hearing Loss Trial Set for June 2026

Categories: Tepezza

The U.S. District Judge overseeing all federal Tepezza lawsuits has postponed the start of the first bellwether trial by 60 days.

This decision comes as attorneys…

FDA Moves to Restrict Dangerous 7-OH Opioid Products

Categories: Opioids

In a significant move to combat the ongoing opioid crisis, the U.S. Food and Drug Administration (FDA) has recommended a scheduling action under the Controlled Substances Act (CSA) to regulate certain products containing 7-hydroxymitragynine (7-…

✍️ FREE — 2,800 Pages Legal Process Outsourcing Trial!                 
No Contract. No Risk — Full Mass Tort + LPO Access, Free!

Only 10 Firms Accepted—Offer Ends August 31!