New York, New York (PRWEB) June 11, 2014
Janssen Pharmaceuticals, a division of Johnson & Johnson and a defendant in hundreds of Risperdal lawsuits (http://www.risperdallawsuitcenter.com/) pending in a Pennsylvania mass tort proceeding, is attempting to block a bid by plaintiffs to revive punitive damage claims in cases that allege the use of Risperdal caused men and boys to develop gynecomastia (male breast growth), Bernstein Liebhard LLP reports. In a response filed in the Philadelphia Court of Common Pleas on June 8th, Janssen maintains that it is too late for plaintiffs in Risperdal gynecomastia cases to argue that the issue of punitive damages should be considered on a case-by-case basis, as they had previously argued that Pennsylvania law should apply to such claims. (Risperdal Litigation, case number 100300296)
According to court documents, Janssen was responding to a motion filed by plaintiffs last month asking Judge Arnold New to reinstate their punitive damage claims, after he ruled that the New Jersey Products Liability Act would apply to the cases because Janssen is headquartered in that state. The Act does not allow plaintiffs to seek punitive damages in lawsuits involving drugs approved by the U.S. Food & Drug Administration (FDA). Among other things, Risperdal lawsuit plaintiffs argue that the law of the state where the drug was prescribed may have a greater bearing on the issue of punitive damages.
“Our Firm has filed a number of Risperdal gynecomastia claims in this proceeding. We will be monitoring this issue very closely,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm is currently offering free legal consultations to men and boys who allegedly developed gynecomastia due to their use of Risperdal.
Risperdal Gynecomastia Allegations
Risperdal is an atypical antipsychotic drug that is approved by the FDA to treat adult and adolescent schizophrenia, bipolar disorder in adults and children ages 10-to-17, and irritability in children (5-to-16 years of age) with autistic disorder.* Recent research indicates that off- label use of Risperdal to treat ADHD is also on the rise**
According to court documents, Risperdal gynecomastia claims pending in Pennsylvania allege that the atypical antipsychotic can cause the body to produce excessive amounts of prolactin, a hormone which is known to stimulate breast growth and milk production in women, as well as the development of excess breast tissue in male patients. Among other things, Janssen is accused of concealing the link between Risperdal and gynecomastia, and of improperly marketing the medication for off-label pediatric uses.
In November 2013, Johnson & Johnson and Janssen agreed to pay $2.2 billion to settle allegations brought against them by the U.S. Department of Justice over the marketing of Risperdal and other medications. Among other things, the government had charged the companies with improperly marketing Risperdal for use in children before pediatric indications were approved in 2006, and further alleged that they had concealed the link between Risperdal and gynecomastia, as well as other side effects. (U.S. District Court, Eastern District of Pennsylvania, 04-cv-1529)
Men and boys who allegedly developed gynecomastia from Risperdal may be entitled to compensation for medical bills, lost wages, pain and suffering and more. Learn more about filing a Risperdal lawsuit by visiting Bernstein Liebhard LLP’s website. Free case reviews may also be obtained by calling the Firm directly at 800-511-5092.
*http://www.accessdata.fda.gov/drugsatfda_docs/label/2009/020272s056,020588s044,021346s033,021444s03lbl.pdf, Risperdal Prescribing Information, FDA, 2009
**health.usnews.com/health-news/news/articles/2012/08/07/more-kids-taking-antipsychotics-for-adhd-study, U.S. News & World Report, August 7, 2012
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3 billion on behalf of our clients. The Firm has been named by The National Law Journal to the Plaintiffs’ Hot List, recognizing the top plaintiffs firms in the country, for the past 12 consecutive years. Bernstein Liebhard LLP is the only firm in the country to be named to this prestigious list every year since it was first published in 2003.
Bernstein Liebhard LLP represents the victims of defective drugs and medical devices on a contingency-fee basis, and our clients are never expected to pay attorneys fees unless their case results in a successful recovery on their behalf. New York State’s contingency fee cap rules generally limit those fees to 33 1/3% of the total recovery. As a result, the Firm’s fees can be significantly lower than those assessed by attorneys in other states, which depending on the law may amount to as much as 40% or more of a plaintiff’s recovery.
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