A group of 77 Risperdal lawsuit plaintiffs has asked a Pennsylvania State Court judge to enforce an agreement they reached with Johnson & Johnson earlier this year to settle their gynecomastia claims. According to their November 5th Motion, the plaintiffs claim that Johnson & Johnson wants to back out of the Risperdal settlement because it asserts the deal should also be extended to other defendants.
But the plaintiffs dispute this, and point out that after the agreement to settle the Risperdal gynecomastia claims was reached, it was noted during several court conferences that there were ongoing claims pending against the two remaining co-defendants, Excerpta Medica, Inc. and Elsevier, Inc. Trials were even scheduled in September for some of the claims against those parties.
The Motion argues that Johnson & Johnson never made an issue of the matter until September 17th, when attorneys for the company noted in a Master Settlement Agreement that the Risperdal lawsuit settlement should be extended to the co-defendants. Plaintiffs assert that Johnson & Johnson has repeatedly threatened to revoke the Risperdal gynecomastia settlement if its demands are not met.
All of the 77 plaintiffs seeking to enforce the settlement allege that Risperdal caused them to develop gynecomastia, or male breast growth. Their claims are part of a consolidated litigation underway in Pennsylvania’s Philadelphia Court of Common Pleas involving 250 Risperdal lawsuits over gynecomastia and other alleged side effects of the drug. All of the plaintiffs involved in the November 5th Motion accuse Johnson & Johnson of downplaying the link between Risperdal and male breast growth.
Risperdal is an atypical antipsychotic used to treat a number of psychiatric disorders in adults and children. Some research has shown that use of Risperdal may increase the amount of prolactin in the body. Prolactin is a hormone related to breast development in girls and lactation in new mothers.
Earlier this month, the U.S. Department of Justice announced that Johnson & Johnson had agreed to pay $2.2 billion to settle criminal and civil charges involving some of its drugs, including Risperdal. Among other things, the government had accused the company of improperly marketing the use of Risperdal in children long before it was approved for pediatric indications in 2006.
Bernstein Liebhard LLP continues to offer free legal evaluations to alleged victims of Risperdal male breast growth. To learn if you might be eligible to file a Risperdal lawsuit, please call today.