Case Description
Attorney Jason Itkin, Kyle Findley, and Cory Itkin won a $76.6 million jury verdict against Johnson & Johnson and Janssen Pharmaceutical. Jason and Kyle represented a family that sued J&J for failing to warn them that J&J’s antipsychotic medicine Risperdal could cause young boys to grow female breasts. By winning the verdict, Arnold & Itkin held J&J accountable for disfiguring their client.
The defendants fought at every turn. They argued that this was the only drug that worked, that he continued to stay on the drug after being informed of the risks, and that the drug does not cause gynecomastia (female breast growth in males). During the trial, the Arnold & Itkin attorneys also uncovered evidence through cross-examination that became known in the case as "Tab 4." The information in Tab 4 had never become public until the trial. Tab 4 included scientific data showing a link between Risperdal and gynecomastia. J&J intentionally kept Tab 4 secret, withholding it from the FDA and keeping it out of published scientific studies. The jury found that J&J intentionally falsified, concealed, or destroyed material evidence.
After an 11-day trial, the Philadelphia jury unanimously found that the defendant failed to warn of the side effects associated with the drug and that the failure to warn was a substantial factor in causing gynecomastia. The jury awarded Arnold & Itkin’s client $76.6 million. This is the largest single verdict in a Risperdal-gynecomastia case.