PHILADELPHIA – In stark contrast to the $8 billion punitive damages verdict reached this past fall, two Risperdal cases were dismissed through successful motions for summary judgment from Johnson & Johnson in Philadelphia courtrooms.
Philadelphia County Court of Common Pleas Judge Arnold L. New dismissed Davis v. Janssen Pharmaceuticals Et.Al on Dec. 3 and Dennis v. Janssen Pharmaceuticals Et.Al on Dec. 6, following the filing of summary judgment motions by the makers of Risperdal last spring.
In Dennis, plaintiff Fredrick Dennis of Chicago filed suit, having purchased and taken Risperdal in 2008. Dennis claimed personal injury in the form of gynecomastia, or the development of female breast tissue, and economic loss in his complaint, along with 12 counts against the Janssen defendants.
He also filed charges including fraud, conspiracy and punitive damages against Elsevier and Excerpta Medica, Inc.
In Davis, plaintiff Dartric Davis of Houston also filed suit, having purchased and taken Risperdal from the summer to the winter of 2007, and once in February 2009. Davis also claimed personal injury in the form of gynecomastia and economic loss in his complaint, in addition to 12 counts against the Janssen defendants.
Both plaintiffs demanded a trial by jury.
While the Dennis action was dismissed on the basis of summary judgment, the Davis case was as well, but also with the proviso that particular case violated the governing statute of limitations – even after a Supreme Court of Pennsylvania ruling last month opened the door to reinstating thousands of Risperdal cases on those very same grounds.
Counsel for the plaintiffs was not available for comment to the Pennsylvania Record.
Johnson & Johnson released a statement on the successful motions.
“The company will continue to vigorously defend itself in ongoing Risperdal litigation. Risperdal is an important U.S. FDA-approved prescription medicine that, when used as part of a comprehensive treatment plan, continues to help millions of patients with mental illnesses and neurodevelopmental conditions,” the company said.
According to current statistics from the Philadelphia County Court of Common Pleas and its Complex Litigation Center, nearly 7,100 cases have been filed in Risperdal litigation in that particular court system. Many of them emanate from out-of-state plaintiffs, with that contingent covering 86 percent of pharmaceutical cases in Philadelphia courtrooms.
Philadelphia County Court of Common Pleas cases 170205461 & 170205885
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com