Plaintiffs in Risperdal gynecomastia lawsuits have asked a Pennsylvania judge to reconsider a decision that bars them from seeking punitive damages against the manufacturers of the drug.Judge Arnold New, who is overseeing hundreds of Risperdal lawsuits in the Philadelphia Court of Common Pleas, had ruled last month that a New Jersey law that bars such claims in cases involving FDA-approved drugs would govern the litigation, as Janssen Pharmaceuticals is headquartered in that state.
In a Motion for Reconsideration filed on June 2, plaintiffs argued that the issue of punitive damages should be decided on a case-by-case basis.
“Here, the court should reconsider and vacate its May 2 order because neither choice-of-law nor the availability of punitive damages are matters that can be decided in Risperdal litigation on a global basis,” the plaintiffs’ Motion reads. “Each analysis involves case-specific considerations that can be assessed properly only within the context of an individual case.”
Among other things, the Motion argues that the state were Risperdal was prescribed and used may have a greater interest than New Jersey in seeing its laws on punitive damages applied.
If Judge New will not vacate his original Order, the Motion asks that he declare it finalized and certify it for appeal.
Some 500 Risperdal lawsuit claims are pending in Pennsylvania, most of which allege the drug caused men and boys to develop gynecomastia, or excess breast growth. Many of the cases were filed on behalf of children who took Risperdal before it was approved for pediatric uses in 2006. These claims allege that Janssen, a subsidiary of Johnson & Johnson, illegally promoted Risperdal for use in children. Plaintiffs also accuse both Johnson & Johnson and Janssen of concealing the risks associated with Risperdal.
Court documents indicate that at least 80 Risperdal lawsuits have been settled in the Pennsylvania litigation. While some 80 gynecomastia claims have been settled, jury trials of Risperdal breast growth cases are expected to get underway next month.
If you or a loved one experienced Risperdal gynecomastia, it is important that you act now to protect your legal rights. To learn more about filing a Risperdal lawsuit, please call for a free legal review.