STORY FROM: Drugs & Medical Devices

7th Cir. Upholds Award of Summary Judgment to Janssen in Risperdal Action

CHICAGO — A trial court properly struck a plaintiff’s expert witness disclosures because they were not accompanied by written reports, federal appeals court has ruled in upholding an award of summary judgment to Janssen Pharmaceuticals Inc. in a Risperdal case.

In an April 3 opinion, the 7th Circuit U.S. Court of Appeals held that expert testimony is needed to determine whether the plaintiff’s ingestion of Risperdal caused his alleged injuries, including gynecomastia.

Reginald Cole, a Wisconsin inmate, took Janssen’s antipsychotic drug Risperdal between 2007 and 2008, and then took its generic equivalent, risperidone, for a year beginning in December 2012. ...

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