Dismissed Risperdal Gynecomastia Lawsuit Reinstated

Dismissed Risperdal Gynecomastia Lawsuit Reinstated

Introduction

A 2013 Risperdal lawsuit, filed by a man and his mother against Johnson & Johnson (J&J) and its subsidiary Janssen Pharmaceuticals for failing to provide adequate warnings regarding Risperdal’s potential to cause gynecomastia, which was dismissed in 2016, has been reinstated.

According to court documents, the man started using Risperdal in 2004 at the age of 7 and continued using the powerful antipsychotic medication until he was 10 years old. While on Risperdal, he developed female-like breasts, a condition known as gynecomastia. The lawsuit was later dismissed under Texas law by Judge Sean F. Kennedy, stating plaintiffs’ expert witness provided insufficient testimony against Risperdal.

On Tuesday, a 3-judge-panel of the Pennsylvania Superior Court ruled that the case should be evaluated under Pennsylvania law since it was procedural, thereby remanded the case back to Philadelphia and ordered a new trial.

In May, the Pennsylvania Supreme Court examined the level of public awareness regarding the dangers of Risperdal, which can put potential plaintiffs on notice to investigate their claims.

Nearly 7,000 gynecomastia lawsuits are pending in the Pennsylvania mass tort program. Two coordinated actions have been filed for Risperdal cases: one in Los Angeles Superior Court (Risperdal and Invega Product Liability Cases, JCCP 4775, presided by Honorable William Highberger) and the other in Philadelphia (In Re: Risperdal Litigation, March 2010 Term, Case No. 100300296).