Following a $2.5 million verdict against Risperdal manufacturer Johnson & Johnson, a Pennsylvania state judge issued an opinion to bar punitive damages from the growing number of lawsuits that allege the antipsychotic medication causes male breast growth.
Philadelphia Court of Common Pleas Judge Arnold New stated his reasoning behind the decision is that although defendant Janssen Pharmaceuticals, which is a Johnson & Johnson subsidiary, is located in Pennsylvania it is clear that the principal place of business is in New Jersey.
According to Judge New, New Jersey law should apply to the Risperdal cases and he pointed out that New Jersey’s Products Liability Act does not allow for punitive damages when manufacturers allegedly conceal side effects from the medical community. New Jersey law only allows punitive damages to be awarded when drug manufacturers keep the information from the FDA.
Judge New released his opinion after a jury awarded $2.5 million to Alabama resident Austin P. who claimed Risperdal manufacturers hid the side effect gynecomastia (man boobs) from his doctor.
Plaintiff Austin alleged that both Alabama law and Pennsylvania law allow punitive damages, and it should have been awarded in his Risperdal lawsuit. The family is seeking a new trial asking for additional funds.
Currently, a third Risperdal trial is underway in Philadelphia.
Risperdal ‘Man Boobs’ Complications
The U.S. Food and Drug Administration approved Risperdal to treat physiological conditions including bipolar disorder, autism, mania and schizophrenia. Since its release, physicians occasionally prescribe the medication off-label for ADHD, ADD, depression, anxiety, and sleeping disorders.
Since its release, Risperdal consumers have claimed that the drug causes an emotionally distressing side effect medically referred to as gynecomastia. According to some plaintiffs, Risperdal caused male breast growth as large as a 46DD cup size. However, the average claim is about a “C” cup.
Another side effect of Risperdal is weight gain so sometimes male consumers mistake gynecomastia with excess fat build-up. However, those who have filed Risperdal lawsuits allege the male breasts do not go away after discontinuing the medication. Some plaintiffs further claim they had to undergo surgery in order to remove the man boobs.
Other commonly reported Risperdal side effects include: Nipple pain, nipple discharge, breast pain and milk production.
According to the New Zealand Medicines and Medical Devices Safety Authority, Risperdal increases prolactin levels, which is the hormone that stimulates breast growth in women.
Young men who take Risperdal between ages 10 to 18 are especially susceptible for developing Risperdal breast tissue growth.
Risperdal Lawsuits
More than 1,300 Risperdal lawsuits have been filed so far by plaintiffs who claim they were not warned that the anti-psychotic drug could cause male breast growth. In general, plaintiffs allege that while Risperdal man boobs may not be physically damaging, it is emotionally traumatic on a young man to develop breasts during puberty years.
Recently Risperdal manufacturers fell under federal scrutiny when the U.S. Department of Justice accused them of improperly promoting Risperdal by providing doctors with “kickbacks” when they prescribed the medication. Johnson & Johnson agreed to pay $2.2 billion in order to settle the civil and criminal charges.
The Risperdal Male Breast Growth Lawsuit is In Re: Risperdal Litigation, Case No. 2010030296 in the Philadelphia County Court of Common Pleas.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The Risperdal attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or Risperdal class action lawsuit is best for you. [In general, Risperdal lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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