Risperdal Makers Not Liable for Injuries Allegedly Caused by Generic Counterpart, N.Y. Federal Judge Rules

NEW YORK — A New York federal judge has awarded summary judgment to the makers of Risperdal in a gynecomastia case, predicting that the state’s highest court would rule that where a manufacturer had no oversight over the manufacturing of a generic drug, it cannot be held liable for injuries allegedly caused by that drug.

In a May 3 order, Judge Robert W. Sweet of the U.S. District Court for the Southern District of New York added that “given the length of time generic drugs can sell following a patent's expiration, to find a new duty would unforeseeably expand the …