Janssen Tries to Bar Punitive Damages in Risperdal Lawsuits; Plaintiffs Fight Back

Risperdal lawsuitsRisperdal Lawsuits Progress

Several plaintiffs who have filed Risperdal lawsuits alleging gynecomastia and other complications have requested a judge overseeing hundreds of cases in Pennsylvania to consider individual state laws in determining whether they can pursue punitive damages. Some 375 individuals responded on March 25, 2014 to a motion from the drug’s manufacturer, Janssen Pharmaceuticals, Inc., that sought to apply regulations in New Jersey to an increasing number of Risperdal lawsuits, according to documents in the Philadelphia Court of Common Pleas. Many of these Risperdal lawsuits were filed on behalf of young boys and men who allegedly developed male breasts, a condition also known as gynecomastia, during or following treatment with the medication.

Those who have been injured or who have developed gynecomastia may be entitled to file Risperdal lawsuits and hold the manufacturer responsible for the harm allegedly caused by its product. Contact Attorney Group to learn more about your legal rights and to determine whether you are eligible to seek compensation for pain and suffering, medical expenses and lost wages that you might have incurred as a result of your condition.

Plaintiffs Request Judge to Deny Motion to Bar Punitive Damages

Plaintiffs in these Risperdal lawsuits, as well as other claims alleging side effects related to Risperdal, said that Janssen’s position counters the approach that the manufacturer took in 2012 when it agreed to settle 80 cases in Pennsylvania. Court records indicate that the first bellwether trial was settled on its first day in September 2012, with five more to follow later that month. Now, though, Janssen’s motion for summary judgment in February 2014 on punitive damages reportedly aims to make all plaintiffs ineligible to receive punitive damages when the cases head to trial.

The motion pointed to provisions in the New Jersey Product Liability Act, which prevents plaintiffs from obtaining finances for punitive damages in lawsuits involving drugs that are subject to either licensure or approval by the U.S. Food and Drug Administration prior to their release on the market. However, plaintiffs maintain that Janssen had offices in Pennsylvania, and officials frequently conducted marketing strategy meetings there in the late 1990s and 2000s.

Accordingly, plaintiffs claim that Pennsylvania punitive damages law should apply because significant labeling and testing, pre-approval submissions and regulatory compliance were performed by Janssen in Pennsylvania. Those who have filed Risperdal lawsuits against Janssen and its parent company, Johnson & Johnson, allege that the companies promoted the drug for uses not approved by the FDA. For example, according to some claimants, Risperdal was prescribed to children before it was federally approved to do so in 2006.

What is Risperdal?

Risperdal was intended to treat irritability in children with autism between the ages of five and 16 as well as bipolar disorder and schizophrenia in adolescents and adults. However, the medication hags most recently been linked to gynecomastia, and the condition is one of the main allegations in the pending litigation against the drug’s manufacturers.

Gynecomastia, or the growth of male breasts, is evident by pain or tenderness in the breast, swollen breast tissue and nipple discharge from one or both breasts. Plaintiffs have allegedly suffered from embarrassment, physical and emotional trauma and have needed to undergo numerous procedures such as mastectomy and liposuction to remove breast tissue allegedly caused by their use of Risperdal.

Suffering from Gynecomastia? Contact Attorney Group Today

If you or someone you love have been diagnosed with gynecomastia or if you have questions or concerns about filing Risperdal lawsuits, Attorney Group can help. We will review your case, free of charge, and can help you determine if you have a valid claim. We can also connect you with an affiliated attorney who has experience filing Risperdal lawsuits and who can help you to seek the compensation to which you may be entitled.