On Tuesday, a Philadelphia jury ordered Johnson & Johnson (J&J) to pay $8 billion in punitive damages over its antipsychotic drug Risperdal, which caused a Maryland man to develop enlarged breasts.
The latest verdict arises from a lawsuit filed by the plaintiff, who won $1.75 million in 2015, which was later reduced to $685,000. The lawsuit stated that the plaintiff's gynecomastia was the result of his Risperdal use between 2003 and 2008. During the initial verdict, the Philadelphia judge had barred the jury from awarding punitive damages. The rule was later overturned by an appeals court, clearing the way for the punitive-damages trial.
Murray was prescribed the drug off-label as a 9-year-old in April of 2003 to deal with issues stemming from autism.
The plaintiff's lawyer after the verdict stated that the conduct the jury saw in the courtroom was clear and convincing to prove that J&J disregarded the safety of the most vulnerable of children. This is an important moment, not only for this litigation but for J&J, which is a company that has lost its way.
Johnson & Johnson called the jury's decision "grossly disproportionate" with the initial award given in the case.
The talc manufacturer after the verdict stated in a statement that "This award for a single plaintiff stands in stark contrast with the initial $680,000 compensatory award and is a clear violation of due process". They further mentioned that they have been prevented from presenting a meaningful defense due to the court's exclusion of key evidence and that the plaintiff failed to prove the harm he was caused by their client's product.
Around 13,000 lawsuits are filed against J&J, claiming that the powerful antipsychotic drug causes gynecomastia in boys, an undesired growth of breast tissue. Two coordinated actions are filed for Risperdal cases: one in Los Angeles Superior Court (Risperdal and Invega Product Liability Cases, JCCP 4775, presided by Honorable William Highberger) and the other in Philadelphia (In Re: Risperdal Litigation, March 2010 Term, Case No. 100300296).
