Pa. Appellate Court Orders New Trial on Causation, Damages in Risperdal Action

PHILADELPHIA — A Pennsylvania intermediate court has ordered a new trial on the issues of causation and damages in a Risperdal action, finding the trial court erred in failing to designate a treating medical provider as an expert because her testimony as to the cause of the plaintiff’s gynecomastia required specialized knowledge.

In a Nov. 13 opinion, the Pennsylvania Superior Court recognized that the licensed physician’s assistant had qualifications that could have met the standard for an expert witness, but the trial court failed to determine if she was qualified as an expert witness. Further, the trial court did not …