With last month’s $500,000 jury award, plaintiffs have now won three out of four Philadelphia trials over Risperdal side effects.
The four cases that have gone to trial are the first Risperdal lawsuits in the country to do so. They lead a pack of over 1,600 other claims that are still pending in a Philadelphia court as part of a mass tort program over the side effects of Risperdal.
In the most recent trial, plaintiff Timothy S. said he took Risperdal from 2006 to 2009 as a treatment for Tourette’s syndrome. By 2013, he allegedly developed gynecomastia, an abnormal development of breast tissue in men or boys.
Timothy also said he gained 60 pounds after taking Risperdal and the extra weight helped conceal the breast growth. But once he lost the weight, he claimed the breast growth became more visible, making him a target for teasing and bullying from his peers. Ultimately, Timothy had to undergo a double mastectomy to have the breast tissue removed.
At the time Timothy was prescribed Risperdal, the FDA had not approved Risperdal for use in children. The drug would not be so approved until October 2006, and then only for controlling certain symptoms of autism.
Also at the time Timothy had been prescribed Risperdal, the drug’s warning label stated that gynecomastia was rarely reported in adult patients. However, Timothy argued that manufacturer Janssen Pharmaceuticals and its parent company Johnson & Johnson knew that gynecomastia occurred much more frequently in younger men and boys.
Janssen concealed this information from physicians and patients, Timothy argued. He claimed the company failed to properly warn doctors and the public about the risk of Risperdal gynecomastia.
Johnson & Johnson argued in response that there was not enough evidence linking Timothy’s gynecomastia to the Risperdal he took, claiming the male breast growth he experienced was part of puberty.
Other Risperdal Lawsuits
Three other Risperdal lawsuits have gone to trial in Philadelphia. One resulted in a $2.5 million award for plaintiff Austin P., who developed severe gynecomastia after being prescribed Risperdal in 2002. Another plaintiff’s award of $1.7 million went to Nicholas M., who had been prescribed Risperdal for schizophrenia at age nine.
In the remaining Risperdal trial, jurors found that plaintiff William C.’s evidence showed Johnson & Johnson had been negligent in failing to provide a proper warning but did not show that Risperdal caused William’s gynecomastia.
Although Timothy’s $500,000 award was smaller than the previous two, attorneys commented that the award is significant in light of the fact that Timothy claimed only past harm. They note that since Timothy’s gynecomastia resolved after surgery, he did not claim future damages.
What could be more significant is the jury’s finding of negligence in all four trials. Attorneys speculate these findings could give Johnson & Johnson reason to settle many of the hundreds of the remaining Risperdal lawsuits.
The next two Risperdal trials are scheduled to start in March 2016.
The Risperdal Lawsuit is Case No. 130401984 in the Philadelphia County Court of Common Pleas.
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.
An attorney will contact you if you qualify to discuss the details of your potential case at no charge to you.
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