Murray v. Janssen

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.