Risperdal: When a Settlement Is Not a Settlement

Philadelphia, PALawyers involved in Risperdal side effects lawsuits allege that the makers of Risperdal have attempted to go back on an agreed-upon settlement. As a result, in November 2013, the lawyers filed a motion to enforce settlement against the defendants in the Risperdal lawsuits.

The motion was filed in relation to the Risperdal litigation (March Term 2010, No. 296) and seeks to have the judge force settlements with 77 plaintiffs. “The essence of this dispute is that J&J [Johnson & Johnson] entered into a legally binding settlement agreement for a confidential amount for 77 Plaintiffs in this litigation, but J&J is now reneging on that Settlement,” lawyers argue. They allege Johnson & Johnson determined after the settlement was reached that the settlement was not in its best interest.

According to the motion, there were prior bellwether Risperdal cases that were settled, including Banks v. Janssen Pharmaceuticals, Inc., et al (January Term 2010, No. 00618) and Rolen v. Janssen Pharmaceuticals, Inc., et al., (January Term 2010, No. 00649). Both, along with four other bellwether cases in the same trial pool, were reportedly settled in late 2012 for confidential amounts.

The lawyers argue that a settlement was reached in 78 Risperdal claims on January 28, 2013, for a confidential amount, but one plaintiff was ultimately withdrawn from the settlement. Confirmation of the settlement was reportedly confirmed on February 22, 2013. Months later, Johnson & Johnson reportedly objected to the settlement, despite, according to plaintiff’s lawyers, several status conferences during which the settlement was discussed. Finally, the lawyers state, they were informed by Johnson & Johnson’s lawyers that the settlement would be revoked unless claims against one of the defendants in one of the lawsuits were dropped.

One of the original lawsuits that was settled, Banks v. Janssen Pharmaceuticals, Inc., et al, was filed by Aron Banks, a man in his early 20s who alleged Risperdal caused him to grow breasts. His lawsuit was settled on the first day of his trial. According to Bloomberg Businessweek (9/10/12), at the time there were approximately 420 lawsuits against Johnson & Johnson and Janssen Pharmaceuticals, with around 130 of those suits claiming young males grew breasts after using Risperdal.