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Risperdal Defense Verdict Overturned

The Superior Court of Pennsylvania vacated the original defense verdict in a Risperdal trial that occurred in 2015. This trial shows that even when a jury sides for the defense that your case isn’t over. The lawyers at The Michael Brady Lynch Firm will continue to use any legal avenues possible to get you the justice you deserve.

2015 Risperdal Case

Risperdal VerdictThis case involves William Cirba who used Risperdal to treat his oppositional defiant disorder. While on the drug, Cirba developed male breast tissue, medically known as gynecomastia. However, in March 2015 a jury in a lower court sided with Risperdal manufacturer, Janssen. The jury was influenced largely by the testimony of a doctor’s assistant. She said Cirba’s gynecomastia was the result of “extreme weight gain,” rather than any association involving Risperdal and growing male breasts. The jury did feel that Janssen did not adequately warn about gynecomastia, but they still sided with the defense.

Largely due to the doctor’s assistant, Cirba appealed. He felt that her testimony weighed too heavily even though she was not a qualified medical doctor.  Janssen insisted her testimony even though it was a layperson and not a medical doctor; it was based on her perception of Cirba during treatment.

Overturned Risperdal Verdict

In a unanimous ruling, the Superior Court reversed the lower court’s ruling. They cited erroneous evidentiary as their reasoning. The judges said that the assistant’s testimony was the only causation offered by merely a witness. The previous trial did not include any proper vetting measures or safeguards typically found with expert testimony. The Court also granted Cibra a new trial. The new trial will focus solely on causation and damages. This is good news for the almost 7,000 Risperdal cases still residing in Philadelphia, and this is a beacon of hope that even if a jury sides for the defense it doesn’t mean your case is over.

RisperdalRisperdal & Gynecomastia

Risperdal greatly increases the levels of prolactin in more than 90% of users. Prolactin is a hormone that stimulates the production of milk in pregnant women. This causes breast development regardless of sex. Growths usually begin as a small lump under the nipple, while the nipple gradually grows larger and tenderer. This condition could affect either breasts or just one.

Other Risperdal Lawsuits

In 2016, a Pennsylvania jury awarded $70 million to the family of Andrew Yount. Yount developed breasts at the age of five from taking Risperdal. This is the fifth verdict in favor of the families harmed by the drug. All five juries who decided the cases found that Johnson & Johnson failed to provide adequate warnings to patients and doctors about the risks associated with the medication.

Plaintiffs may file more Risperdal cases in the wake of the United States Supreme Court’s recent jurisdictional decision in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County. The case surrounds 600 plaintiffs sued Bristol-Myers Squibb Company (BMS) for injuries caused by their drug Plavix. However, 592 plaintiffs were not California residents.

BMS manufacturers and has their main headquarters in New York and New Jersey. The company just sells Plavix in California. The United States Supreme Court found that plaintiffs need to file in a state where the injury occurred. Janssen Pharmaceuticals has research and business offices all over Pennslyvania. Therefore, more plaintiffs will most likely choose Pennsylvania to file, and the number of new cases could triple again in the second part of the year.

Your Rights

When manufacturers produce unsafe products that create pain and suffering, you deserve compensation. Although no amount of money will change the fact that you have suffered a serious injury as a result of manufacturer irresponsibility, compensation will help offset your current and future medical costs, as well as provide for the pain and suffering you have experienced. By filing, you may also help protect other men and their families from needless distress.

If you or someone you know has suffered an adverse event after using Risperdal, you may be eligible for compensation to ease the financial and emotional burdens you are experiencing. Contact us today to set up a free consultation, during which we will listen to your story, answer any questions you may have and discuss your legal rights and options. If you choose us to represent you, we will work with you on a contingency fee basis; this means you pay nothing until we have secured compensation for you, either through a jury verdict or settlement. As seen here, we will take any and all avenues we can to get you the justice you deserve.