Fla. Federal Judge Dismisses Fraud, Negligence Per Se Claims from Risperdal Lawsuit

FORT MYERS, Fla. — A Florida federal judge has dismissed fraud claims from a suit accusing the makers of Risperdal of failing to adequately disclose the drug’s risks and side effects, finding the allegations were not pled with the requisite particularity.

On Sept. 19, Judge John E. Steele of the U.S. District Court for the Middle District of Florida also dismissed the plaintiff’s negligence per se claim on the basis that Florida law does not recognize causes of action based on violations of the Food, Drug and Cosmetic Act.

Josh Gallant sued Ortho-McNeil-Janssen Pharmaceuticals Inc. and Johnson & Johnson, alleging …