Stange v. Janssen Pharmaceuticals, Inc.

Superior Court of Pennsylvania, 2018 PA Super 4, 179 A.3d 45 (2018).

Facts

Timothy Stange was twelve years old when his physician, Dr. Edward Kovnar, prescribed Risperdal, an antipsychotic drug, for Stange's Tourette's syndrome. (Tourette's syndrome is a neurological disorder characterized by repetitive behaviors and vocalizations, called tics.) Stange subsequently developed female breasts, a condition known as gynecomastia. Surgery successfully removed his breasts, but left him with permanent scars and pain. Risperdal is made by Janssen Pharmaceuticals, Inc. Janssen knew that gynecomastia was a frequent adverse event in children and adolescents who took Risperdal. But its label stated that the dis- order's occurrence in those who took Risperdal was "rare." Stange filed a suit in a Pennsylvania state court against Janssen, alleging that the maker negligently failed to adequately warn of the risk of gynecomastia associated with Risperdal use. The court entered a judgment in favor of the plaintiff for more than $500,000. Janssen appealed to a state intermediate appellate court.

What If the Facts Were Different?

Suppose that instead of suffering harm through a prescription drug's legitimate use, the plaintiff had been injured by a drug's illegal abuse. Would the result have been different? Explain.