STORY FROM: Drugs & Medical Devices

Pa. High Court Reinstates Risperdal Actions, Finds Questions of Fact as to Timeliness

PHILADELPHIA — The Pennsylvania Supreme Court has reinstated two Risperdal actions against Janssen Pharmaceuticals Inc., ruling there are questions of fact as to whether the plaintiffs were on notice by October 2006 that their enlarged breasts were caused by the drug.

In a Nov. 20 opinion, a court majority, led by Justice Christine Donohue, found no evidence in the record that the plaintiffs knew or should have known that their breast growth was, in fact, Risperdal-induced gynecomastia. Further, there is significant evidence to support a finding that the plaintiffs believed their weight gain caused their breast growth, the majority said.

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