A Philadelphia jury on Friday found that Janssen Pharmaceuticals Inc., a Johnson & Johnson subsidiary, was not liable in a Risperdal gynecomastia lawsuit, which alleges the company failed to warn a young boy’s doctors of the risk of male breast growth associated with taking the antipsychotic drug.
After a month-long trial in a Philadelphia state court, the jury returned with their verdict in favor of Janssen on March 20, even though evidence was presented during trial suggesting the J&J drug subsidiary had spent years trying to hide evidence that Risperdal has been linked with gynecomastia.
Gynecomastia is a medical condition in which male breasts become unnaturally enlarged, typically seen in adolescent boys with low testosterone levels. However, a high percentage of gynecomastia cases have been linked with young men who had taken Risperdal during their childhood or adolescence for behavioral or psychological conditions.
During the Risperdal gynecomastia trial, Janssen addressed the plaintiff’s allegations against them, claiming they had provided the plaintiff Billy C. and his prescribing physicians with adequate Risperdal side effects and risks warning. Additionally, Janssen claims that Billy did not even develop the gynecomastia condition until after he allegedly stopped taking Risperdal.
Billy is now 19, though he and his parents originally filed this Risperdal gynecomastia lawsuit against Janssen in 2013, at which time they alleged Billy began to experience unnatural male breast growth as a direct result of taking Risperdal for several years as an oppositional defiant disorder treatment.
According to the lawsuit, Billy was first prescribed Risperdal when he was around six years old, during a time when Risperdal had not received FDA approval for use in children and adolescents. This was not achieved until 2006, at which time Janssen updated its drug label to include the risk of gynecomastia that pediatric consumers may face. According to Janssen’s drug warning, Risperdal gynecomastia occurs in about 2.3% of children who are on the drug.
During the Risperdal lawsuit trial, the jury found Janssen negligent in warning consumers of all the risks associated with taking Risperdal. However, the same jury concluded that Risperdal did not cause Billy’s male breast growth condition, since this condition did not allegedly develop until after Billy stopped taking Risperdal.
However, despite the jury verdict in Janssen’s favor, the pharmaceutical giant states it sympathizes with Billy and his family, acknowledging that managing childhood psychiatric disorders can be difficult on a family. According to a company spokeswoman, “We are pleased that the jury found that the plaintiff’s physical condition was not caused by using Risperdal. We will continue to defend ourselves and will try cases as appropriate,” Janssen states.
The favorable Risperdal verdict for Janssen came just days after a separate jury awarded $2.5 million in damages to another plaintiff who claimed he grew size 46DD breasts after using Risperdal for five years, beginning at age 8.
The bellwether trials were the first cases to be tried in a massive mass tort where thousands of Risperdal lawsuits have been centralized before a single judge.
The next Risperdal gynecomastia lawsuit is set to go to trial on May 11.
The Risperdal Gynecomastia Lawsuit that Janssen won is Case No. 130301803, in the Philadelphia County Court of Common Pleas.
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