A Pennsylvania judge refused Johnson & Johnson’s request to throw out the largest award yet seen in Risperdal litigation, which could influence future awards.

That Risperdal lawsuit involved a boy who started taking Risperdal to treat psychiatric problems in 2003.

Risperdal is manufactured by Johnson & Johnson’s Janssen Pharmaceuticals division. Its primary use is to treat schizophrenia, but it is also used for bipolar disorder and autism.

He filed the Risperdal lawsuit in 2013, alleging he had developed abnormally large breasts, a condition known as gynecomastia.

This Risperdal gynecomastia lawsuit is one of similar Risperdal litigation cases consolidated in Philadelphia court.

Many have resulted in jury verdicts, but until this $70 million judgment, a $2.5 million award had reigned as the largest.

Why Risperdal Can Cause Gynecomastia

Risperdal works by blocking dopamine receptors. A side effect is the person experiences higher levels of prolactin, a hormone made by the pituitary gland. Pregnant women have high levels of prolactin, which helps produce breast milk.

Prolactin levels are normally low in men, but once elevated, the results can include man boobs, medically known as gynecomastia.

The New Zealand Medicines and Medical Devices Safety Authority reported that more than 90 percent of patients on Risperdal experience elevated prolactin levels.

Although Risperdal can cause weight gain, losing weight will not necessarily decrease the size of the man boobs.

When Risperdal causes gynecomastia, the increase in breast size includes not only fatty tissue, but glandular tissue as well. With such a high concentration of dense tissue, surgery is the only option for breast reduction.

Why Other Awards Have Been Lower

While Johnson & Johnson is complaining the $70 million award is excessive for Risperdal litigation, others see it as more in line with granting relief through punitive damages.

Previous cases have seen awards ranging from $500,000 to $2.2 million because punitive damages have not been included.

A 2014 court decision says that under Pennsylvania rules, judges and juries must apply the law of the defendant’s home state.

Johnson & Johnson’s home state is New Jersey, which does not allow the awarding of punitive damages.

Plaintiffs’ lawyers keep challenging that decision, arguing the applicable law should be that of the plaintiff’s home state.

According to a recently released quarterly report from Johnson & Johnson, the company is facing upwards of 12,000 cases in Risperdal litigation. This recent verdict can only help the plaintiffs in those cases.

If punitive damages are allowed in Risperdal litigation, plaintiffs’ lawyers will be able to place more emphasis on the claims that Johnson & Johnson allegedly intentionally falsified, concealed and/or destroyed evidence that linked Risperdal and gynecomastia.

The pharmaceutical company’s failure to warn patients and their parents of the risks of gynecomastia can influence a jury’s decision as well.