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A state court jury in Philadelphia has ordered Johnson & Johnson to pay $1.75 million dollars in damages to a young man who developed gynecomastia, or abnormal breast development, while taking the drug. The verdict compensates the young man for disfigurement and mental anguish, among other damages, and signifies a significant step forward for individuals and their families who were harmed by the drug.

By way of background, Johnson & Johnson and its Janssen Pharmaceuticals division are accused of improperly marketing Risperdal for off-label uses and engaging in false and misleading promotional activities, negligently designing the medication, failing to warn consumers of the risks of the medication, and breaching warranties to consumers. In 2013, Johnson & Johnson agreed to pay more than $2.2 billion in criminal and civil fines to the Department of Justice to settle charges that the defendants improperly promoted the antipsychotic drug Risperdal.

Locks Law Firm partner Jonathan Miller and associate James Barry represented the New Jersey Association for Justice (NJAJ) at the Supreme Court of New Jersey as amici.  As representatives of the NJAJ, the pre-eminent plaintiff/consumer group in the state of New Jersey, they argued how 2 various cases may affect plaintiffs/consumers across the state.

Mr. Miller, whose almost 40 year history of appellate litigation includes being Chief of Appeals of the Defender Association of Philadelphia, argued two timely issues concerning experts: the sufficiency of the evidence and standards for an expert to render opinions concerning motor vehicle accidents, and whether an adverse inference may be drawn if a defendant does not call its expert to testify.