Punitive Damages Reinstated in Risperdal Lawsuit
Drug maker, Johnson & Johnson, may have to pay punitive damages to a plaintiff who alleges severe side effects after taking Risperdal as a child. Timothy S. alleged in his Risperdal lawsuit that he suffered severe side effects, including the development of female breasts or gynecomastia. The plaintiff was prescribed the drug for Tourette’s syndrome and alleged that his doctors and parents had not been warned about the risk of such a side effect.
Many others have filed Risperdal lawsuits, alleging gynecomastia and other severe side effects. Timothy’s case had been selected to see how other Risperdal lawsuits would fare; however, the drug maker, Johnson & Johnson had successfully argued that they should not have to face punitive damages in the Risperdal lawsuits.
A Pennsylvania court of appeals recently overturned that decision, saying punitive damages should still be on the table in Risperdal lawsuits. A three-judge panel said that the trial court had issued the order without providing sufficient discussion about the choice-of-law as it relates to each Risperdal lawsuit.
“It is necessary to remand for the trial court to allow to develop an individual record on choice-of-law as it relates to his unique circumstances and to set out the facts and state interests important to his particular case,” stated the appellate court’s opinion. “As such, it is necessary to reverse the order granting partial summary judgment for the defendants on the punitive damages issue.”
The attorneys for Timothy argued that Wisconsin law, that would allow up to $1 million in punitive damages against the drug maker if they are successful in the Risperdal lawsuit, should have been applied.
Drug makers have been hit with thousands of Risperdal lawsuits alleging boys and young men suffered severe side effects, including the development of female breasts, after taking the drug. The Risperdal lawsuits allege that drug makers, including Johnson and Johnson and Janssen, failed to warn doctors, patients, and patients about the risks.
Timothy’s Risperdal lawsuit alleges that his doctor did not know to test his prolactin levels when he prescribed Risperdal. Prolactin is the hormone that leads to the development of breast tissue.
The plaintiffs in the Risperdal lawsuits allege that they not only suffered from the development of breast tissue, but also physically and psychologically.
Originally intended for treating adults with schizophrenia, Risperdal made billions for drug makers after it was approved for use in children for the treatment of autism and other disorders.
Risperdal lawsuits allege that drug makers knew of the risk of the development of female breast tissue in boys when it got Food and Drug Administration approval for Risperdal, but misrepresented study findings to the agency in order to get approval.
Alleged side effects of Risperdal include gynecomastia, as well as weight gain, headaches, sleep problems, fatigue, restlessness, nausea, vomiting, and stomach pain.
If you or a loved one suffered severe Risperdal side effects, contact the attorneys at McDonald Worley. They are currently investigating Risperdal claims.
Note: McDonald Worley is not representing the plaintiff in this lawsuit.