J&J's Effort To Avoid A Punitive Damages Trial Denied

J&J's Effort To Avoid A Punitive Damages Trial Denied

Introduction

Johnson & Johnson's (J&J) effort to avoid a Risperdal punitive damages trial has been denied by Philadelphia County Court of Common Pleas Judge Arnold L New.

The plaintiff had already won $1.75 million in 2015 over his claims against the pharmaceutical giant for causing him to develop gynecomastia, an undesired growth of breast tissue in males,  after using the antipsychotic drug. The court records indicate that the plaintiff began taking Risperdal as a 9-year-old in 2003 to treat symptoms of autism, although the drug was prescribed for adults at that time. The plaintiff alleged that J&J unit Janssen Pharmaceuticals Inc. knew about the potential risks but disregarded the dangers.

This lawsuit was one of the first to go to trial in the Philadelphia County Court of Common Pleas as part of a mass tort program. During the initial verdict, a global order in the Risperdal mass tort program barred punitive damages. In mid-August, the plaintiff urged the judge that under Maryland law, one can recover punitive damages if they can show that a defendant knew about the danger and yet disregarded the potential harm to others. However, J&J argued over the punitive damages stating the exact evidence that the plaintiff maintained has been rejected by Maryland courts as insufficient.

The new punitive damages trial will begin on Sept. 16 in a Philadelphia courtroom.