Risperdal lawsuit claimants alleging gynecomastia and other complications have asked a judge overseeing hundreds of cases in Pennyslvania to consider individual state laws when it comes to awarding punitive damages.

According to documents in the Philadelphia Court of Common Pleas, some 375 individuals responded on March 25th to a motion from Janssen Pharmaceuticals Inc. that sought to apply regulations in New Jersey, where the company is based, to an increasing number of Risperdal lawsuits. Many of these cases were filed on behalf of men and young boys who claim to have developed male breasts due to a condition referred to as gynecomastia, after taking the medication.

Janssen Attempts to Bar Punitive Damage Awards after 2012 Risperdal Lawsuit Settlements

Plaintiffs in these claims, as well as cases alleging other side effects related to Risperdal, said on March 25th that this position counters the approach Janssen took in 2012, when it agreed to settle 80 lawsuits in Pennsylvania. The first bellwether case settlement was reached on its first day of trial in September 2012, court records indicate, with five more to follow that month. Now though, the company’s motion for summary judgment on punitive damages in February hopes to make all Risperdal lawsuit plaintiffs ineligible to receive punitive damages when their cases head to trial.

Janssen’s motion in February pointed to stipulations in the New Jersey Product Liability Act, which bars plaintiffs from receiving punitive damage awards in cases related to drugs subject to licensure or premarket approval by the U.S. Food and Drug Administration.

Plaintiffs involved in the Risperdal litigation maintain that the company had offices in Pennsylvania, and officials frequently conducted marketing strategy sessions there in the late 1990s and 2000s.

According to the response motion, plaintiffs say “Pennsylvania punitive damages law should apply because significant regulatory compliance, pre-approval submissions, labeling and testing for Risperdal were performed by defendants in Pennsylvania.”

Individuals who have filed Risperdal lawsuits against Johnson & Johnson and Janssen allege that the companies promoted the medication for uses not approved by the U.S. Food and Drug Administration (FDA). The medication was prescribed in children for example, according to some claimants, long before it was federally approved to do so in 2006.

Filing a Risperdal Lawsuit

Contact an attorney at Bernstein Liebhard LLP to start the process of filing a Risperdal lawsuit. Call us today at (877) 779-1414.

Published March 31, 2014 by