Now-a-days, families of several
young boys and men who have been diagnosed with gynecomastia are pursuing
Risperdal lawsuits due to the failure of the drug maker to adequately warn that
using the medication could cause breast growth in males.
Although a few Risperdal breast growth cases have been
settled by Johnson & Johnson and the drug maker has been has been forced to
pay some substantial jury awards as a risperdal settlement amount for not
reporting potential problems with Risperdal, the company has indicated it will
not be settling a large number of claims and will keep defending cases that go
to trial.
The first trial involving
Risperdal was presented to a Philadelphia jury in February 2015. A $2.5 million damage award was given to a 20
year old male with gynecomastia breast growth that was the result of using the
medication to treat autism when the man was 8 years old.
There have been two other
Risperdal trials heard in Pennsylvania that have resulted in a very large jury risperdal
settlement amount is going to young men and boys with male breast growth
diagnoses. In November 2015 there was a
$1.75 million verdict and in December 2015 a $500,000 one.
Johnson & Johnson was ordered by a jury in July 2016 to
pay a family $70 million risperdal settlement amount whose
son had been diagnosed with gynecomastia after using Risperdal which started
when the boy was only five years old.
At these trials, evidence was
presented that showed that the Janssen unit of Johnson & Johnson was aware
of Risperdal being at risk for gynecomastia as early as 2001. However, the company failed to warn the medical
community and consumers.
Although those early trials were
important "bellwethers," they are not binding on any other claims
that are part of the overall Risperdal litigation. However, they have been designed to help with
gauging how juries might respond to certain testimony and evidence that most
likely will be repeated in other cases and could have an influence on any mass
settlement negotiations that may eventually take place and could become
necessary if the drug maker wants to avoid having hundreds of separate trials
to contend with.
Factors Being Considered When Settling Risperdal Cases
As one of the aspects involved in
Risperdal negotiations for settling other cases, there are several
case-specific factors that are being considered to determine the amount of
compensation that each child who has been given a gynecomastia breast growth
diagnosis might receive. This includes
evaluating what a jury might award should the case end up going to trial.
There aren't any set settlement
amounts for Risperdal or any calculation of damages that have been calculated
for the amounts that each boy is entitled to receive.
Some of the factors that are
being accounted for Risperdal settlement amount include the nature of the
injury for each specific case as well as the impact that Risperdal breast growth
has had on each boy's life.
For cases that go to trial,
evidence is heard by the jury that is specific to the gynecomastia diagnosis of
the individual plaintiff and any damages that are awarded are based on the
following:
The duration and extent of the injury
What effect Risperdal male breast
growth has had on the boy's overall mental health and physical well-being.
The mental anguish and pain that
the boy has suffered in the present and past and that will most likely be
suffered into the future.
The amount the surgery will cost for addressing Risperdal
male beast growth as well as any other medical expenses, both past and future. Any
lost earning capacity or lost wages will be considered in risperdal settlement amount.
There is substantial evidence
that shows that Johnson & Johnson either should have known or knew of the
risk of gynecomastia stemming from Risperdal side effects. This information, however, was withheld from
the medical community and families.
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