A lawsuit brought forth by the Cherokee Nation against Johnson & Johnson and subsidiary Janssen Pharmaceuticals over Risperdal side effects will now be heard in state court, rather than federal court.

The Cherokee Nation had filed a motion for the federal court to remand the lawsuit over Risperdal side effects to state court, rather than having the trial proceed in federal court.

U.S. District Judge James H. Payne granted the motion and said the evidence of the location of purchase for Risperdal was inconclusive, so it was uncertain whether the tribe’s health and business units had conducted such transactions on its land.

Judge Payne said that the Cherokee Nation is the real party and interest and has no citizenship when diversity purposes are considered. Since the Cherokee Nation lacks citizenship for diversity purposes, it also fails to meet subject matter jurisdiction requirements as set by the federal court.

“There is no proof that either of the [tribe’s units] directly purchased the Risperdal at issue,” Judge Payne said in his approval to remand the case. “The court concludes defendants have not satisfied their burden to show by a preponderance of the evidence that a separate corporate entity, rather than the Cherokee Nation, is the real party-in-interest in this case.”

In July, Johnson & Johnson had the case removed to federal court. The allegations in the lawsuit claimed that Johnson & Johnson and subsidiary Janssen neglected to disclose important information about Risperdal side effects, namely that the antipsychotic drug carries an increased risk for diabetes in elderly patients.

Risperdal’s manufacturers fought to keep the case in federal court, claiming last month that the Cherokee Nation cannot prove that it is the rightful plaintiff, and rather the health and business units are. The companies claimed that just because the tribe has documents in its possession that indicate the name Risperdal does not mean it is the real party in interest in the lawsuit.

Judge Payne concluded that “evidence does not strongly show the Cherokee Nation directly purchased the Risperdal” and also said that there was also no evidence that Risperdal was purchased by the business and health units for the Cherokee either.

The lawsuit was filed by the Cherokee Nation in April 2015 and alleged that Johnson & Johnson and Janssen misbranded the drug during March 2002 and December 2003. The drug companies already admitted to such misbranding during the time as part of a plea deal with the U.S. Department of Justice. The Cherokee Nation is seeking restitution as a result of filing the lawsuit.

The Cherokee Nation is represented by Cherokee Nation Attorney General Todd Hembree and Curtis “Muskrat” Bruehl of the Bruehl Law Firm.

The Cherokee Nation Risperdal Lawsuit is Cherokee Nation v. Johnson & Johnson Inc. et al., Case No. 6:15-cv-00280, in the U.S. District Court for the Eastern District of Oklahoma.

Risperdal Side Effects

Risperdal is an antipsychotic drug that is used to treat schizophrenia, dementia in the elderly, and autism and bipolar disorder in children.

Several Risperdal side effects have been noted. Many young males have developed gynecomastia, commonly known as man boobs, as a result of Risperdal use. The medication alters hormones in the body, making the hormone levels of prolactin, usually high in females, cause males to develop man boobs.

In addition to gynecomastia in males, other Risperdal side effects seen in elderly patients being treated for dementia include an increased risk of diabetes. The Cherokee Nation lawsuit focused on these side effects, as the Risperdal was intended for their elderly population suffering from diabetes.