Del. Federal Judge Says Janssen Not Liable for Alleged Generic Risperdal Injuries

WILMINGTON, Del. — Under Delaware law, a name-brand pharmaceutical maker cannot be held liable on a theory of failure-to-warn for injuries allegedly caused by the drug’s generic counterpart, a federal judge has ruled in a Risperdal case.

Noting that the question is one of first impression, Judge Richard Andrews of the U.S. District Court for the District of Delaware added that even if Delaware law provided some basis for imposing liability for failure-to-warn on brand name manufacturers, he may not extend that law to that point while sitting in diversity.

Lamar Trower was prescribed Risperdal to treat his mental …