A Risperdal gynecomastia plaintiff who had already been granted $70 million in compensatory damages by the Pennsylvania jurying hearing his case just saw that figure increase by more than $6 million. According to a report from Law360.com, the judge overseeing his lawsuit upped the award last week, after the plaintiff’s attorneys argued that he was entitled to delay damages.
The $6.68 million in delay damages were granted by Judge Paula A. Patrick of the Philadelphia Court of Common Pleas, just a little over a month after the jury rendered a unanimous verdict on July 1st. The amount was calculated from April 16, 2014, one year after the plaintiff’s complaint was served on Johnson & Johnson and Janssen Pharmaceuticals, up until the date of the verdict. Plaintiffs’ attorneys computed the amount at 4.25 percent annually for years 2014 and 2015, and at 4.5 percent for 2016, Law360.com said.
The plaintiff, who is now 16 years old, developed female-like breasts after he began taking Risperdal in 2003 to treat an unspecified psychiatric condition. At the time, the antipsychotic drug had not been approved for any pediatric indications. His lawsuit accused Johnson & Johnson and Janssen of failing to provide doctors and patients with adequate warnings regarding the potential for gynecomastia, and charged that the companies marketed Risperdal by illegally promoting its off-label use in children.
The Philadelphia Court of Common Pleas is currently the site of a mass tort litigation that encompasses more than 1,700 similar Risperdal lawsuits. Last month’s $70 million verdict was the proceeding’s largest so far in a case involving gynecomastia. Four other trials have been convened since 2015, three of which ended with verdicts in favor of plaintiffs. Prior to the conclusion of this latest case, the largest verdict amounted to $2.5 million.
Johnson & Johnson maintains that the most recent Risperdal verdict was not justified and plans to appeal. However, earlier this month, Judge Patrick rejected defense motions seeking either a new trial or a judgment notwithstanding the verdict.