Boys and adult males have sued after their breasts developed (some to size D) after using Risperdal, a prescription medication used for treating schizophrenia, bipolar disorder, severe irritability in children with autism and ADHD, an off-label use. The lawsuits have been filed against Johnson & Johnson, owner of Janssen Pharmaceuticals, Inc., the maker of Risperdal.
Our lawyers have won millions for clients, including $45 million for clients injured by another medical product manufactured by another company. They are now available to help people with personal injury claims involving Risperdal.
Lawsuits Claim Risperdal Causes Gynecomastia
The lawsuits allege breast development (gynecomastia) in boys and adult men caused by the active ingredient in Risperdal, Risperidone. Medical research supports the assertion that risperidone can drastically increase prolactin levels, causing gyencomastia in boys and adult men. The increase in prolactin is called hyperprolactinemia.
For more information, read, “Can My Son Sue for Breast Growth from Risperdal?”
Theories of Liability
The lawsuits allege J&J and Janssen Pharmaceuticals are legally responsible for the gynecomastia based on strict liability, negligence and breach of warranty claims.
Recall lawsuit claims generally involve strict liability law, someone injured by a dangerous or defective product can recover compensation from the manufacturer of the product even if there is no negligence or intent to harm. This means that the person suing does not have to prove that the company did anything wrong, but only needs to prove that it:
- sold the product;
- the product was dangerous or defective; and
- the product caused harm.
With medical products like Risperdal, the focus is generally on the product label warnings. Was the user adequately warned of the gynecomastia risk?
Negligence can be difficult to prove. There needs to be evidence that a company was careless. To prove this, company owners, management and employees often need to be interviewed with a court reporter present. These are called depositions. It is also necessary to review corporate documents, including emails.
Breach of Warranty
When you buy a medication, there is an implied warranty of useability. This warranty is breached if the product does not act as marketed or causes injuries not listed in a product label or boxed warning.