Pa. Superior Court Opens Door for Punitive Damages Claims in Risperdal Mass Tort
The Pennsylvania Superior Court has opened the door for plaintiffs in the Risperdal mass tort to seek possible punitive damages. The ruling significantly raises the stakes of the litigation, which currently involves more than 6,000 pending cases in Philadelphia.
January 08, 2018 at 04:03 PM
4 minute read
Photo: Wikimedia Commons
The Pennsylvania Superior Court has opened the door for plaintiffs in the Risperdal mass tort to seek possible punitive damages. The ruling significantly raises the stakes of the litigation, which currently involves more than 6,000 pending cases in Philadelphia.
A three-judge Superior Court panel ruled Monday that plaintiffs may seek to have the law of their home state apply to their case when it comes to the question of whether they should be allowed to seek punitive damages at trial. The ruling reversed a decision that had applied New Jersey law to the litigation globally. The Garden State's products liability law specifically prohibits punitive damages.
The ruling, which was outlined in a 42-page opinion in Stange v. Janssen Pharmaceuticals, did not hold that punitive damages needed to apply in the case, but it said the trial judge should have considered whether to apply Wisconsin law, which is the law of plaintiff Timothy Stange's home state.
“The trial court only considered whether New Jersey or Pennsylvania law should apply, not the law of the individual plaintiff's home state,” Superior Court Judge Kate Ford Elliott said. “We agree with Stange that it is necessary to remand for the trial court to allow Stange to develop an individual record on choice-of-law as it relates to his unique circumstances and to set out the facts and state interests important to his particular case.”
Although the ruling came from a three-judge panel, one judge on the panel, Judge Alice Beck Dubow, did not participate in the ruling. Judge Jack Panella joined Elliott's opinion.
The stakes in Stange's case are relatively low, as Wisconsin law only provides for doubling the $500,000 compensatory award; however, several Risperdal cases have resulted in multimillion-dollar verdicts, including a $70 million compensatory award.
Janssen, which is a subsidiary of Johnson & Johnson, is the main defendant in the litigation.
A spokeswoman for Janssen said, “We are disappointed in the court's ruling and will consider our options going forward.”
According to Kline & Specter attorney Thomas R. Kline, who is a lead attorney in the litigation, the Superior Court's decision will require the cases that have already been tried to be re-evaluated for punitive damages. He said he expects the new analysis will lead courts to apply the law of each plaintiff's home state, which means the cases already tried will be sent back for a new trial specifically on the amount of punitive damages.
“The stakes in any mass tort are raised when punitive damages are recoverable,” Kline said. ”This thoughtful and thorough opinion will now provide guidance for the entire litigation moving forward.”
Kline said there have been no meaningful settlement talks in the litigation so far, but this ruling could change that.
Sheller P.C. attorney Steve Sheller, who is also a lead attorney in the litigation, agreed.
“This is something we've been right about from the beginning and maybe now, once and for all, J&J will recognize they're facing punitive damages,” he said.
According to court documents, Stange had taken Risperdal from 2006 to 2009 to control his Tourette syndrome symptoms. He argued that Janssen had been aware of the risks of the drug to cause excess breast tissue growth, which is a condition known as gynecomastia, but the company hid that information.
Along with contesting the grounds for Stange's compensation award, Janssen had argued that New Jersey law should apply to the cases, since J&J's principal place of business is in New Brunswick, New Jersey.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Grave Matter of Serious Consequences': Why a Missouri Judge Sanctioned a Top Kirkland & Ellis Attorney
10 minute readJudge Approves $667K Settlement Against Independence Blue Cross for Unpaid, Pre-Shift Computer Work
4 minute readBosworth Claims It Was Kline & Specter, Not Him, That Breached Settlement Terms
4 minute readTrending Stories
- 1'I've Worked Until 2 in the Morning': Lawyers Brace for Trump Policy
- 2Trial Begins for Man Accused of Killing Ga. Nursing Student Laken Riley
- 3'It's Not About Speed': Forging Strong Legal Department-Law Firm Relationships Starts With Humility, Trust
- 4Benworth Accused of Predatory Tactics in Foreclosure Dispute as Elderly Defendant's Health Deteriorates
- 5Tom Girardi's Lawyers Want Next Month's Sentencing Delayed
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250