N.Y. Federal Judge Overturns $1 Million Risperdal Verdict, Citing Attorney Misconduct, Preemption

SYRACUSE, N.Y. — A New York federal judge has overturned a $1 million Risperdal gynecomastia verdict, ruling that the jury was influenced by the plaintiff’s attorney’s “inappropriate conduct,” which included his comments about being bullied as a child and his defensive tone of voice following an admonishment by the court.

In the Sept. 21 order, Chief Judge Glenn T. Suddaby of the U.S. District Court for the Northern District of New York further held that the plaintiff’s failure-to-warn claim is preempted because the evidence shows that federal law barred Janssen Pharmaceuticals from adding a gynecomastia warning to the label. In …