$1 Million Risperdal Verdict Overturned

$1 Million Risperdal Verdict Overturned

Introduction

In the September 21 order issued by Chief Judge Glenn T. Suddaby for the Northern District of New York, a $1 million Risperdal verdict was overturned indicating that the failure-to-warn claim made by a man against Janssen Pharmaceuticals stays preempted since the federal law bars the company from adding a gynecomastia warning label. The federal judge also stated that the ruling was passed considering the plaintiff's attorney's "inappropriate conduct" evident from his defensive tone of voice during the court hearing.

Risperdal is an antipsychotic drug prescribed to treat adult and adolescent schizophrenia, bipolar disorder, and irritability in children with autistic disorder. Plaintiffs who have filed Risperdal lawsuits claim Janssen was aware of the possible risks of the drug to cause excessive breast growth in men and boys. But intentionally ignored to warn doctors and patients about the side-effect. Two Risperdal lawsuits have been selected for punitive damages trial in Pennsylvania. The first plaintiff was awarded $1.75 million while the second was awarded $500,000 in compensatory damages. More than 6,700 similar claims are pending against Risperdal makers in the Philadelphia Court of Common Pleas. Two coordinated actions have been filed for Risperdal cases: one in Los Angeles Superior Court (Risperdal and Invega Product Liability Cases, JCCP 4775) and the other in Philadelphia (In Re: Risperdal Litigation, March 2010 Term, No. 100300296).