Supreme Court of Louisiana, 2017

Jackson v. Janssen Pharmaceuticals, Inc.

Jackson v. Janssen Pharmaceuticals, Inc.
Supreme Court of Louisiana · Decided January 9, 2017 · Genovese, Grant, Hughes, Johnson, Reasons
208 So. 3d 881; 2017 La. LEXIS 3 (Southern Reporter, Third Series)

Jackson v. Janssen Pharmaceuticals, Inc.

Opinion of the Court

JOHNSON, Chief Justice,

would grant the writ application.

hi find the district court correctly denied defendants’ motion for summary judgment in this case. I agree with the district court that a disputed issue of material fact exists concerning whether plaintiffs prescribing physicians were adequately warned of Risperdal’s potential side effects, particularly in non-schizophrenic, elderly patients such as Ms. Jackson. Additionally, as plaintiffs effectively argue, the credibility of the prescribing physicians is clearly at issue in this case thereby rendering summary judgment premature.

Accordingly, I would grant the plaintiffs’ writ application.

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