February 2015
Result: Jury Award of $2.5 Million
The Pledger case was the first Risperdal case to go to trial following the $2.2 billion settlement Johnson & Johnson reached with the Justice Department in 2013 for improperly marketing Risperdal to children (and older adults and people with developmental disabilities). A jury found the Johnson & Johnson was “negligent by failing to provide an adequate warning” to the prescribing doctor, and they found that defendants’ “negligent failure to provide an adequate warning was a cause of Austin Pledger’s gynecomastia.” The jury awarded the family $2.5 million.
Public Records:
November 2015
Result: Jury Award of $1.75 million
The jury found that Johnson & Johnson did “negligently fail to adequately warn physicians/health care providers of the extent of the risk of Gynecomastia stemming from the use of Risperdal.” The jury also decided that Johnson & Johnson’s negligence was “a substantial factor in bringing about” the plaintiff’s gynecomastia, and they awarded $1.75 million. Because Murray was from Maryland, judge Victor J. DiNubile, Jr. applied a Maryland law that places a cap on “noneconomic damages” available to a plaintiff in a personal injury case, and he entered a reduced judgement of $680,000. The 18 page opinion, however, reinforced many of the plaintiff’s arguments relating to defendants’ negligence and plaintiff’s claim of causation. The Plaintiffs have appealed the application of the damage cap reduction.
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Press Reports:
First Two Risperdal Cases Set for Trial on Punitive Damages | Law.com | September 18, 2018
Pa. Appeals Court Sends Back Risperdal Case for Look at Punitive Damages | Law.com | February 21, 2018
J&J Hit With $1.75M Verdict In 4th Philly Risperdal Case | Law360.com | November 9, 2015
October 2016
Result: Summary Judgement from Arnold L. New
Judge Arnold L. New granted defendant’s Motion for Summary Judgement on the basis that the plaintiff’s doctor might still have prescribed Risperdal if he had been given a proper warning. The Plaintiff is appealing.
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