Johnson and Johnson is facing a Risperdal lawsuit from the Cherokee Nation over alleged side effects. Johnson and Johnson is fighting the lawsuit, claiming that the tribe’s allegations lack sufficient factual support.

The tribe claims in this Risperdal lawsuit that the pharmaceutical companies failed to adequately disclose certain essential information about Risperdal, including a warning that the drug comes with an increased risk of stroke and diabetes in the elderly.

However, Johnson and Johnson claims that the tribe cannot rightfully act as plaintiff in the Risperdal case, and that instead the role should fall to a holding company. The Cherokee Nation Risperdal lawsuit claims that when the tribe purchased the antipsychotic between March 2002 and December 2003, the drug was misbranded.

In a plea deal with the U.S. Department of Justice, Johnson and Johnson admitted to misbranding the drug during this time period.

The tribe responded by claiming that the Cherokee Nation as a whole should be considered the plaintiff in this lawsuit, given that it will benefit from the litigation. Johnson and Johnson, as well as its subsidiary Janssen Pharmaceuticals, said that this claim is insufficient for establishing the tribe as a plaintiff.

According to Johnson and Johnson, the tribe has shown documents that do not prove which group actually purchased the drug. “If this issue truly were as simple as Plaintiff proclaims, Plaintiff could have easily produced a document reflecting an actual Risperdal purchase during the relevant time frame”, J&J stated.

The Risperdal manufacturer claims that the case involves multiple states, and should therefore fall under federal jurisdiction, while the Cherokee Nation is trying to transfer the case to a state court.

Johnson and Johnson has maintained throughout this process that the holding company Cherokee Nation Business LLC, and not the Cherokee Nation itself, is the correct plaintiff for this suit. This is because revenue from the tribe’s corporation was allegedly what was used to provide funding for the purchase in that time period.

“Plaintiff chose to organize its corporate affairs in a manner that delegates functions to a separate corporate entity that is deemed a citizen for purposes of diversity, and Plaintiff is bound by the consequences of that decision,” said the companies in a statement arguing for the holding company to be considered the plaintiff instead of the Cherokee Nation itself.

And, according to Johnson and Johnson, “RISPERDAL® (risperidone) has helped and is still helping millions of patients with debilitating mental illnesses and neurodevelopmental conditions as part of a comprehensive treatment plan.”

Serious Risperdal Side Effects

Risperdal, an antipsychotic drug, approved by the U.S. Food and Drug Administration (FDA) for the treatment of various mental and mood disorders, has been linked with some severe side effects, including gynecomastia. The conditions Risperdal is used to treat vary, and include schizophrenia, bipolar mania, and autism.

As with any medication, this antipsychotic comes with side effects. These side effects include involuntary motion, dizziness, fatigue, anxiety, nausea, and skin rashes. These side effects are fairly ordinary for these kinds of medications.

However, Risperdal has also been linked with a number of more serious side effects – risks which some patients claim have not been adequately communicated to the patients and the medical community.

Risperdal has been connected to more serious side effects, including stroke, diabetes, movement disorders, and gynecomastia, or the development of male breasts.

Filing a Risperdal Lawsuit

Patients who have suffered from Risperdal side effects have filed lawsuits against Johnson and Johnson. These injured parties claim that that the drug maker failed to adequately warn patients about the potential side effects of the drug. Some plaintiffs have won millions of dollars in settlement money for filing a Risperdal lawsuit.

If you or someone you know was negatively impacted by Risperdal, you may be able to file a lawsuit against Johnson and Johnson for failure to adequately warn about the potential side effects of the drug.

The Cherokee Nation Risperdal Lawsuit is Case no. 6:15-cv-00280, in the U.S. District Court for the Eastern District of Oklahoma.