A Pennsylvania state judge recently rejected a bid to seek new damages against Johnson & Johnson by a man who already won $500,000 from a Risperdal gynecomastia lawsuit.
Judge Kenneth Powell of the Philadelphia County Court of Common Pleas rejected the argument for new damages that plaintiff Timothy S. claimed that he was entitled to due to mistakes that were made in pretrial orders and the fact that the judge refused to give any requested jury instructions.
Judge Powell did not give any opinion when he submitted his rejection, and Timothy’s attorney has yet to comment on the ruling.
This verdict against Johnson & Johnson, along with Risperdal manufacturing subsidiary Janssen Pharmaceuticals, is the third victory in a row for a series of Risperdal lawsuits in the Philadelphia area court.
The Risperdal lawsuit claims that as the direct result of taking the antipsychotic drug, male patients had developed male breasts, a medical condition known as gynecomastia. Timothy also claims that the Risperdal warning label was insufficient, not adequately describing the risk of gynecomastia.
Furthermore, the companies were accused of concealing this vital safety information from adolescent patients, to preserve Risperdal’s market value.
Overview of Risperdal Gynecomastia Allegations
There are currently over 1,600 Risperdal lawsuits pending in a mass tort program in the court, to which Timothy claims that his case was improperly handled by Judge Powell. Timothy claims that the judge had improperly prohibited him and other plaintiffs from other cases from seeking punitive damages against Johnson & Johnson.
The motion further argued that Judge Powell failed to give proper instructions to the jury regarding the possibility of seeking ongoing damages from mental anguish and “bullying” Timothy faced as result of the gynecomastia. Ultimately, Timothy had to undergo surgical procedures to remove the unwanted breast tissue.
Risperdal is a popular antipsychotic medication that as not approved to treat children until 2006, and has been allegedly inducing male breast growth in male patients.
A number of these patients have reportedly suffered bullying and other forms of social anxiety, due to these unwanted physical growths. Timothy claims that Judge Powell is not allowing him to seek damages from these traumatic events.
“The error was prejudicial because it foreclosed future damages which, in light of evidence of record, would have amounted to significant additional compensation,” Timothy stated in his brief.
Even though Judge Powell rejected Timothy’s bid for more damages, he did grant a motion adding a little over $35,000 in delay damages to the already awarded $500,000 verdict.
The judge had also rejected a post-trial motion from Johnson & Johnson seeking judgment in its favor, which tried to argue that Timothy had not sufficiently proven that the Risperdal warning label was inadequate.
According to Janssen Pharmaceuticals spokeswoman Robyn Frenze, the company plans to appeal the verdict to Pennsylvania Superior Court.
The Risperdal Gynecomastia Lawsuit is Case No. 130401984, in the Court of Common Pleas of Philadelphia County, Pennsylvania.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The Risperdal attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or Risperdal class action lawsuit is best for you. [In general, Risperdal lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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If you or your son took Risperdal between the ages of 10 and 18 years old and suffered gynecomastia (male breast growth), male breast pain, nipple pain, or nipple discharge, you may be entitled to compensation. See if you qualify by submitting your information below for a free and confidential case review.
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