Plaintiffs in two Risperdal lawsuits will be taking their cases to juries this fall, when a mass tort litigation underway in Philadelphia, Pennsylvania, continues its bellwether trial program. Both trials will involve complaints filed on behalf of Risperdal users who allegedly developed gynecomastia (excessive male breast growth) due to side effects associated with the antipsychotic drug.
Risperdal gynecomastia trials will continue into 2016, as court records indicate that pretrial discovery has begun in an additional 10 cases that are expected to start going to trial in the spring.
The Philadelphia Court of Common Pleas is home to more than 1,400 product liability claims filed over alleged Risperdal side effects. The gynecomastia cases similarly allege that Johnson & Johnson and its Janssen Pharmaceuticals unit failed to adequately warn patients and doctors about the drug’s link to male breast development. The companies are also accused of improperly marketing Risperdal for use in children long before the U.S. Food & Drug Administration (FDA) approved its first pediatric indications in 2006.
The bellwether trial program involving Risperdal gynecomastia cases got underway earlier this year. In February, the plaintiff at the center of the first trial was awarded $2.5 million in compensatory damages by the jury his case. However, the jury empaneled for the second trial declined to award any damages when it rendered its verdict the following month, after finding that the plaintiff had not proven that Risperdal was the reason for his breast growth. The case selected for the third bellwether trial settle in May, on the very day opening arguments were scheduled to start. The terms of the settlement haven’t been disclosed.
The jury in the second trial did agree that gynecomastia warnings on Risperdal were inadequate, despite ultimately deciding not to award the plaintiff any damages. This has many legal experts predicting that causation will be important in future trials.
“It’s pretty clear the warnings were inadequate,” one Risperdal lawyer told The Legal Intelligencer. “Now the main issues will be specific causation in that particular case. My experience is that usually both sides try to get those issues resolved by settlement, but I can’t predict what’ll happen.”
According to The Legal Intelligencer, the upcoming Risperdal trials will involve videotaped testimony from expert witnesses, including U.S. Food & Drug Administration Commissioner Dr. David Kessler, who is appearing for the plaintiffs
The Risperdal lawyers at Bernstein Liebhard LLP continue to provide legal reviews free-of-charge to men and boys who allegedly experienced excessive breast growth due to this drug. To set up your review, please call ..