Judge Arnold New on Friday allowed two boys to pursue punitive damages linked to their claims against Johnson & Johnson unit that they were not given an appropriate warning about the alleged breast growth due to Risperdal consumption.
The Pennsylvania judge also rejected arguments by Janssen Pharmaceuticals Inc. (a subsidiary of J&J) in the Philadelphia County Court of Common Pleas to permit the statutory protections against punitive damages, a privilege offered under New Jersey law to avoid the chance of any additional payouts. Risperdal is an antipsychotic drug used to treat depressive symptoms. However, lawsuits filed across the nation claim the prolonged use of the medication caused gynecomastia or enlargement of male breasts, often requiring a correction surgery. More than 7,000 product liability lawsuits have been filed against J&J and Janssen Inc. for failing to provide adequate warning to consumers regarding the adverse effects of the drug. Two coordinated actions have been filed for Risperdal cases: one in Los Angeles Superior Court (Risperdal and Invega Product Liability Cases, JCCP 4775) and the other in Philadelphia (In Re: Risperdal Litigation, March 2010 Term, Case No. 100300296).
