Attorneys for plaintiffs in Philadelphia’s Risperdal litigation are pushing back against a call by Janssen Pharmaceuticals to require more medical documentation on plaintiff fact sheets, The Legal Intelligencer reported.
Janssen Pharmaceuticals, who manufactures the antipsychotic drug Risperdal, said it wants new plaintiffs to include their prescription records and documentation of a Risperdal-related injury in their plaintiff fact sheets, according to the Intelligencer.
The company reportedly argued such information would help the courts weed out meritless claims.
Plaintiffs, on the other hand, said the requirement would create a “pseudo-summary judgment procedure” that would bypass the usual process, wrote the Intelligencer.
Risperdal patients who filed lawsuits against Janssen claimed they developed a condition called gynecomastia after taking the drug. Gynecomastia occurs when the breast tissue in boys and men grows to an unusually large size, usually due to a hormonal imbalance.
Janssen first brought the issue of new plaintiff fact sheets up in a January memo, citing the 39-percent-growth in Risperdal cases in 2016.
The company raised the issue again in a memo filed this month.
Janssen added that, at the very least, including prescription information would help to more quickly determine which plaintiffs only took generic Risperdal (risperidone), according to the Intelligencer. Janssen maintains it is not liable for generic risperidone claims.
Plaintiffs, however, have reportedly characterized Janssen’s request as a “Lone Pine” order – a move that is rarely used and that requires plaintiffs provide evidence to substantiate their claims prior to discovery.
Attorneys reportedly argued in a brief that the fact sheets already provided details about plaintiffs’ use of Risperdal. They said the fact sheets included the dates when plaintiffs took Risperdal or its generic equivalent, the dose, the prescribing doctor, a description of the injury, and the dates of the injury.
There are about 18,500 lawsuits relating to Risperdal pending in state and federal courts throughout the country, according to Johnson & Johnson’s Annual Report, released Feb. 27, 2017. These lawsuits allege J&J’s subsidiary Janssen designed a defective drug and failed to adequately warn about its risks.
If you or someone you love took Risperdal and developed gynecomastia, you may be entitled to financial compensation. In light of the recent verdicts and settlements, it is imperative you file your Risperdal Lawsuit as soon as possible.