Trial News

A jury has awarded a man $8 billion in punitive damages after Janssen Pharmaceuticals, a Johnson & Johnson (J&J) subsidiary, failed to warn of the risks of abnormal breast growth in boys who took its antipsychotic drug Risperdal. The drug was approved for adult use only until 2006, but in 2003, Maryland plaintiff Nicholas Murray was prescribed Risperdal “off label” as a child to manage hyperactivity disorder and Asperger’s syndrome. Murray later developed gynecomastia, which caused him embarrassment and distress. (Murray v. Janssen Pharm. Inc., No. 130401990 (Pa. Ct. Com. Pl. Oct. 8, 2019).)

The punitive damages award follows a $1.75 million verdict in November 2015 based on a jury’s finding that Janssen failed to warn of the risk of gynecomastia. On appeal, the Pennsylvania Superior Court upheld the verdict but reversed the trial court’s ruling that New Jersey law, which prohibits punitive damages in drug manufacturing cases, applied. (180 A.3d 1235 (Pa. Super. 2018).) On remand, the trial court determined that Maryland law (which allows punitive damages) applied and then considered Murray’s demand for punitive damages.

Janssen and J&J had known for years prior to Murray taking Risperdal that the drug significantly increases the risk of gynecomastia in boys, according to the plaintiff’s experts. And the jury, in awarding punitive damages, signaled its agreement with the plaintiff that Janssen disregarded safety risks and marketed Risperdal for use in children and failed to disclose these risks to the FDA as it sought pediatric use approval.

“This jury resoundingly told Johnson & Johnson that its actions were deliberate and malicious,” said Murray’s attorneys, Thomas Kline and Chris Gomez, of Philadelphia, and Jason Itkin, of Houston. “The conduct that the jury saw was clear and convincing evidence that Johnson & Johnson disregarded the safety of the most vulnerable of children. This is an important moment, not only for this litigation, but for Johnson & Johnson, which is a company that has lost its way.”