Risperdal Lawsuits Favor Plaintiffs

Philadelphia, PAThree recent Risperdal verdicts have given hope to more than 1,700 cases pending in Philadelphia court. One case found in favor of Janssen Pharmaceuticals, a subsidiary of Johnson & Johnson, because a direct link could not be established between the plaintiff’s use of Risperdal and subsequent development of gynecomastia, or male breasts.

The 1,700 Risperdal lawsuits have been transferred to a single court and consolidated to form a mass tort program by the Court of Common Pleas in Philadelphia. All plaintiffs in the mass tort allege that gynecomastia and other adverse events were caused by the antipsychotic drug; that Janssen may have concealed knowledge of the side effects; and that Janssen failed to warn physicians and patients about potential Risperdal side effects, thereby claiming the drug company was negligent (Risperdal Litigation case number 100300296).

Janssen is also facing the Cherokee Nation in federal court. The tribe alleges that J&J and subsidiary Janssen Pharmaceuticals Inc. failed to disclose information about Risperdal, including that the drug increases the risk of stroke and diabetes in the elderly. According to Law360, the suit, which was filed a year ago, seeks restitution for the allegedly misbranded Risperdal the tribe claims it purchased between March 2002 and December 31, 2003, a time when the drug companies (Johnson & Johnson and subsidiary company Ortho-McNeil-Janssen Pharmaceuticals) admitted to misbranding Risperdal as part of a plea deal with the US Department of Justice.

And in another lawsuit filed by the state of South Carolina claiming that J&J and Janssen illegally marketed Risperdal, the US Supreme Court said it will not hear the drug company’s appeal. As reported by Digital Journal, South Carolina Supreme Court Justice John W. Kittredge wrote the following regarding his decision:

“By 1997, Janssen also had information that Risperdal posed a serious risk of stroke, cardiac arrest, and sudden death in the elderly,” and, “Despite this clinical information, it was several years before Janssen updated the Risperdal label to accurately reflect the frequency and severity of the risk of hyperprolactinemia, weight gain and diabetes, or stroke, cardiac arrest, and sudden death in the elderly.”

Back in 2013, Johnson & Johnson and Janssen agreed to pay up to $2.2 billion to settle a federal investigation into its illegal practices - it marketed the drug to children and actually promoted the drug to doctors who treat children with schizophrenia and bipolar disorder before the FDA approved its use for that age group. The FDA’s approval for Risperdal to treat irritable 5- to 16-year-olds with autism and bipolar disorder has also come under fire by medical experts. And the federal government claims in the Risperdal gynecomastia lawsuits that J&J deliberately marketed its drug to the possibly lucrative child and adolescent market. Those cases consolidated in Los Angeles are slated to begin this June.