Pa. Court Refuses to Reconsider Restatement of Punitive Damages Claim in Risperdal Case

PHILADELPHIA — A Pennsylvania appeals court has let stand its reinstatement of a claim for punitive damages in a Risperdal gynecomastia case that ended in a jury verdict for the plaintiff, denying Janssen Pharmaceutical Inc.’s motion for a rehearing en banc.

The Pennsylvania Superior Court denied Janssen’s motion on March 16. Janssen sought to challenge the appellate court’s Jan. 8 determination that the trial court should consider the law of Risperdal plaintiffs’ home states when determining whether punitive damages are warranted.

Timonthy Stange, a Wisconsin resident who suffers from Tourette’s syndrome, was prescribed Risperdal when he was 12 in 2006. …