The first Risperdal gynecomastia bellwether trial is scheduled to begin in November, followed by another in January and a third in February.

A judge has elected to hold bellwether trials to help manage the high volume of Risperdal male breast growth lawsuits. Bellwether trials include similar sets of facts in every injured party’s case. Bellwether cases are good indicators of how juries may rule at future trials, allowing both sides to determine if settling their cases is a good idea, and if so, for how much.

There are more than 700 Risperdal lawsuits filed against global pharmaceutical giant Johnson & Johnson and Janssen Pharmaceuticals, alleging that:

• The medication caused serious side effects, including gynecomastia;
• The companies concealed Risperdal’s risks;
• The companies improperly marketed the drug for off-label uses.

Many of the Risperdal lawsuits have been filed on behalf of children who took the medication for treatment of bi-polar disorder, autism, irritability, aggression or other behavior disorders.

In 2012, Johnson & Johnson reached a confidential settlement for a Risperdal lawsuit brought by a 21-year-old man who said that growing breasts resulted in “severe psychological trauma.” The plaintiff underwent a mastectomy to remove the breasts. A short time later J&J settled cases brought on behalf of at least five other boys who experienced breast development.

The Justice Department announced in 2013 that Johnson & Johnson would pay more than $2.2 billion to resolve criminal and civil liability arising from allegations related to Risperdal and Invega (used to treat schizophrenia) including promotion for uses not approved as safe and effective by the U.S. Food and Drug Administration and payment of kickbacks to doctors and to the nation’s largest long-term care pharmacy provider.

It represents one of the largest health care fraud settlements in U.S. history, including criminal fines and forfeiture totaling $485 million and civil settlements with the federal government and states totaling $1.72 billion, according to the Justice Department.

“The conduct at issue in this case jeopardized the health and safety of patients and damaged the public trust,” Attorney General Eric Holder said at the time. “This multibillion-dollar resolution demonstrates the Justice Department’s firm commitment to preventing and combating all forms of health care fraud. And it proves our determination to hold accountable any corporation that breaks the law and enriches its bottom line at the expense of the American people.”

Plaintiffs are seeking compensation for medical bills, lost wages, emotional distress, and other damages related to their condition.