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Trio of Plaintiffs' Verdicts in Risperdal Litigation Present Significant Issues for Johnson & Johnson

By Michael D. Brophy

A series of three verdicts for plaintiffs, the most recent occurring in December 2015, may present significant litigation issues for Johnson & Johnson and its subsidiary, Janssen Pharmaceuticals. The suits were all based upon claims that the manufacturer failed to provide adequate warnings regarding Risperdal gynecomastia ' a condition that involves abnormally enlarged male breast tissue, especially among adolescent boys. With approximately 1,600 cases still pending, Johnson & Johnson may be expected to decide sometime this year whether to continue with the defense of its product in a continuing series of trials, or to explore the possibility of a global settlement. It is a decision process complicated by the venue for these matters in Pennsylvania's Philadelphia County, well-known (and well loved) by plaintiff counsel nationwide.

This article reviews the verdicts thus far, the regulatory framework in issue ' including the role of former Federal Food and Drug Administration (FDA) Commissioner David Kessler ' and the factors that may influence the decision to continue the litigation battle or to seek a global resolution.

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