Plaintiff Permitted to Replead Failure-To-Warn Claims in Mass. Federal Risperdal Case

BOSTON — A Massachusetts federal judge has allowed a plaintiff to replead his negligent failure-to-warn claims in a Risperdal gynecomastia action filed against Janssen Research & Development and Johnson & Johnson.

However, in the Sept. 30 order, Judge Donald Cabell of the U.S. District Court for the District of Massachusetts dismissed with prejudice the plaintiff’s claims of consumer law violations, fraudulent concealment, and design defect.

In 2007, Jessie Acevedo was prescribed Risperdal to treat a personality disorder. He subsequently developed gynecomastia (increased breast tissue) and tremors. Acevedo stopped taking the drug in 2016, but the tremors and gynecomastia did not …