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Jury awards substantial punitive damages to Risperdal user who suffered gynecomastia
December 2019/January 2020Nicholas Murray, who had a diagnosis of autism and attention deficit hyperactivity disorder, began taking the antipsychotic Risperdal at age 9. At age 13, he began developing gynecomastia, enlarged breast tissue, which his mother attributed to weight gain. Although Murray stopped taking the drug the following year and lost weight, his breasts remained enlarged.
Murray filed suit against the maker of Risperdal, Janssen Pharmaceuticals, Inc., and its parent company, Johnson & Johnson. The plaintiff alleged that despite knowing of a link between gynecomastia and Risperdal, the defendants failed to timely and adequately warn users of the drug. Suit also alleged that even after placing a warning on the drug, Janssen downplayed the risk, especially for young boys taking the medication.
A jury awarded $1.75 million for past and future pain and suffering in November 2015. In April 2018, the Pennsylvania Superior Court held that Maryland law, which limits noneconomic damages, applied to the award, which was then reduced to $680,000. In the punitive damages phase of trial, the jury awarded $8 billion.
Citation: Murray v. Janssen Pharms., No. 1990 (Pa. Ct. Com. Pl. Phila. Cnty. Oct. 8, 2019).
Plaintiff counsel: AAJ members Thomas R. Kline and Christopher A. Gomez, both of Philadelphia; and AAJ member Jason A. Itkin, Houston.