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James Ronca
James Ronca
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Judge Rules Against Punitive Damages But Plaintiff’s Can still File Risperdal Lawsuits

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Last Month, the Philadelphia Court of Common Pleas Judge overseeing the Risperdal Lawsuits ruled that Janssen Pharmaceuticals, a division of Johnson and Johnson, will not be liable for punitive damages in the Risperdal Gynecomastia lawsuits.

Judge Arnold New sited the New Jersey Product Liability Act, which bars punitive damages in cases that involve medications approved by the Food and Drug Administration (FDA). Judge New felt the application of this rule was appropriate considering Janssen Pharmaceuticals is headquartered in New Jersey.

Janssen Pharmaceuticals is facing a number of Risperdal lawsuits brought on by adolescent males who developed Gyneocmastia from taking Risperdal. The Rispredal Gynecomastia lawsuits allege that Janssen knew of the link between Riseperdal and Gynecomastia and knew that adolescent boys were more susceptible to develop Gynecomastia from Risperdal, but failed to warn doctor and patients of the potential side effects of Risperdal.

While plaintiff’s will not be able to recover punitive damages, they can still file a Risperdal Lawsuit and recover compensatory damages for medical expenses and treatments sought as a result of developing Gynecomastia from Risperdal.

Johnson and Johnson already settled a lawsuit with the U.S. Department of Justice, and has agreed to pay $2.2 billion in punitive damages for improper marketing of Risperdal.