During the August 2021 Brad Martin v. Actavis case about whether Androderm caused Brad’s heart attack, Actavis’ counsel repeatedly blamed his heart attack on his own blood pressure. The company claimed Brad didn’t manage his own blood pressure.
The jury agreed with Actavis’ arguments and ruled against Brad Martin.
But, it turns out, those arguments were false.
On the very afternoon the jury delivered its verdict, Actavis revealed that 3 years earlier, FDA had raised a concern that Androderm itself could cause blood pressure increases and ordered the company to conduct a safety study to determine if the threat was real.
The company intentionally hid this during the entire trial, telling the jury that Brad let his blood pressure get away from him, all the while knowing FDA was investigating whether Androderm causes those dangerous increases.
Plaintiff Brad Martin has asked the Court to grant him a new trial and to sanction Actavis for its concealment.
Actavis is now a subsidiary of pharmaceutical company AbbVie.