The Superior Court of Pennsylvania has reversed a decision made in Janssen Pharmaceuticals’ favor in a 2015 Risperdal gynecomastia lawsuit.

According to a recent Pennsylvania Record article, a judiciary panel released its 22-page written unanimous decision reversing the trial court and ordering a new trial in the Risperdal gynecomastia lawsuit.

The decision undoes the defense verdict in this one case—a rare situation for Risperdal’s mass tort proceedings in the Philadelphia Court of Common Pleas. This decision means that the Risperdal gynecomastia lawsuit will be subject to a new trial.

The basis for this decision by the appeals court was the testimony of a physician’s assistant treating the plaintiff, William C., from 2005 to 2013. The appeals court took issue with the trial court’s decision to allow the physician’s assistant to testify as an expert.

The physician’s assistant, Michelle Baker, opined during videotaped testimony that William C.’s gynecomastia—the abnormal growth of excessive breast tissue in males—was a consequence of gaining a huge amount of weight.

It was her belief that the weight gain and not the anti-psychotic drug Risperdal was responsible for the breast tissue. William C. had been taking Risperdal to treat oppositional defiant disorder (ODD).

Attorneys for the plaintiff questioned why Baker’s testimony was admitted when she hadn’t been pre-qualified as an expert witness prior to the Risperdal gynecomastia lawsuit trial.

Janssen countered that Baker testified not as an expert witness but as an ordinary witness with personal knowledge of facts relevant to the case. The company argued that because Baker was one of William’s treating medical staff, her testimony constituted permissible lay testimony.

The Superior Court in this Risperdal gynecomastia lawsuit verdict reversal believes the trial court improperly applied the law and committed an abuse of discretion by denying the plaintiff’s request for a new trial. The case will be remanded to the Superior Court for further proceedings.

What is Risperdal and What are its Risks?

Risperdal is an anti-psychotic medication that helps to alleviate symptoms of schizophrenia, bipolar disorder, and irritability secondary to childhood autism.

While there are several side effects of Risperdal of note, gynecomastia, or the development of breast tissue in boys under treatment with the drug has received a lot of press.

Risperdal can interfere with dopamine’s effect on the pituitary gland, where the body produces prolactin. Prolactin is a hormone that controls sex drive in males and in women initiates breast development and milk production.

When dopamine fails to regulate prolactin, the body levels can increase to such a degree as to cause this breast and milk initiation in males.

There are more than 6,400 Risperdal gynecomastia lawsuits being handled currently in Philadelphia. Despite this legal caseload, Janssen continues to stand behind the drug and holds it up as an important treatment option for millions of people who suffer from mental illness.