Cozen O’Connor: MDL Court in the Testosterone Replacement Therapy Litigation Throws Out Another Large Jury Verdict

MDL Court in the Testosterone Replacement Therapy Litigation Throws Out Another Large Jury Verdict

John Sullivan, a member in the firm's Commercial Litigation Practice, authored, "MDL Court in the Testosterone Replacement Therapy Litigation Throws Out Another Large Jury Verdict," for the Drug & Device Law Blog. Last week, the Judge in the Testosterone Replacement Therapy (TRT) MDL threw out an over $140 million jury verdict. In re Testosterone Replacement Therapy Prods. Liab. Litig. Coordinated Pretrial Proceedings, 2018 U.S. Dist. LEXIS 111724 (N.D. Ill. July 5, 2018). It wasn’t the first time that the testosterone MDL court did something like that. Last December, it threw out a $150 million verdict. That’s almost $300 million in verdicts total. It’s got to take some strength to toss such hefty verdicts — testosterone or not. In each instance, the court found the jury’s verdict to be so internally inconsistent that it required a new trial. In the verdict tossed last week, the jury found for the defendants on a failure to warn claim based in strict liability claim but found for the plaintiff on a failure to warn claim based in negligence. That sure does seem inconsistent.

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John J. Sullivan

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