Risperdal Case Appeals Decision a Key Issue for Plaintiffs
A ruling by three appeal court judges has argued that nearly 5,500 plaintiffs in a Risperdal case may have the right to pursue punitive damages. These cases have currently been consolidated in a state mass tort litigation case.
In a previous case, the defense achieved a win due to claims that statewide prohibitions on punitive damages decreased the potential for a reward on behalf of the plaintiffs that would compensate them beyond their direct damage costs.
The Pennsylvania Appeals Court held in a Risperdal case that the plaintiffs who have lawsuits filed against the maker of Risperdal, Johnson & Johnson, due to severe side effects such as the development of gynecomastia, may be able to pursue punitive damages.
This is because the pharmaceutical company is based in New Jersey and a previous ruling held that New Jersey state law does not allow punitive damages to be awarded in lawsuits involving drugs approved by the FDA such as Risperdal. Now in the Risperdal case, plaintiffs may be eligible to pursue thousands of dollars’ worth of punitive damages from the drug manufacturers.
Side Effects of Using Risperdal
Risperdal use has been tied to a number of different severe and embarrassing side effects, in particular, young men and boys are at risk for the development of gynecomastia, also known as the development of female breasts. The growth of breasts on young men and males may be uncontrolled until a surgical intervention.
A double mastectomy may be required depending on the severity of the breast development. Many of the patients included in the Risperdal case allege emotional as well as physical scars.
In a previous Risperdal case, the headquartering location of Johnson and Johnson in New Jersey meant that New Jersey law would apply to any case across the country.
However, the appeals court in Pennsylvania has held that plaintiffs do maintain a right to pursue punitive damages in this mass tort litigation case.
Punitive damages may be awarded in personal injury lawsuits against drug and medical device manufacturers when the jury deems it necessary to do so.
Other compensation available in a Risperdal case may include compensation for lost wages and medical expenses.
Many of the victims harmed in this case argue that they should be entitled to punitive damages due to the serious nature associated with the development of gynecomastia.
The patients believe they should have been told about the risks ahead of time to determine whether or not the drug was the right choice for them. Punitive damages are not awarded in every defective drug case, but may be given in situations in which the court determines the actions of the defendants were particularly egregious.
If you believe you have grounds to pursue a Risperdal case, schedule a consultation with the experienced attorneys at McDonald Worley today. The case evaluation is free.
Note: McDonald Worley is not representing the plaintiff in this lawsuit.