Don’t Say I Didn’t Warn You: Failure to Warn Can Result in Costly Litigation
In the first Risperdal antipsychotic lawsuit to go to trial for personal injuries, a New Jersey jury found overwhelmingly that Johnson & Johnson’s product was not a substantial factor in causing the plaintiff to develop diabetes. However, the jury also found, overwhelmingly, that J&J failed to fully and adequately warn the plaintiff of the potential risk of side effect and illness that can be associated with taking Risperdal.
Though no monetary award was granted to the plaintiff in this particular action, J&J has been dealing with legal fallout arising from this issue for some time and has reportedly reached a substantial settlement regarding a federal probe into inadequate marketing of the drug.
Inadequate or misleading marketing of a pharmaceutical product can lead to widespread and costly litigation. Manufacturers can avoid unnecessary risk and expense by ensuring that all necessary product information and warnings are clearly and accurately disclosed and available to all potential consumers. In preparing to offer a pharmaceutical drug to the general public companies should seek the advice of counsel to determine the necessary and appropriate warnings that must accompany the product, as well as ensure that all marketing falls within the FDA parameters.
For more information, please contact any member of Goldberg Segalla’s Global Insurance Services Practice Group.