Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Acevedo v. Johnson & Johnson

United States District Court, D. Massachusetts

September 30, 2018

JESSIE ACEVEDO, Plaintiff,
v.
JOHNSON & JOHNSON, and JANSSEN RESEARCH AND DEVELOPMENT, LLC, Defendants.

          MEMORANDUM AND ORDER

          DONALD L. CABELL, U.S.M.J.

         Plaintiff Jessie Acevedo has sued the manufacturers of the drug Risperdal after he took the drug and reportedly suffered serious side effects. The defendants, Johnson & Johnson (“J&J”) and JANSSEN Research and Development (“Janssen”), moved to dismiss the complaint and the plaintiff subsequently moved to amend. (Dkt. Nos. 13, 29, 51). Those motions are now pending before the court. For the reasons explained below, the defendants' motions to dismiss will be granted and the plaintiff's motion to amend will be denied. However, the plaintiff will be permitted to attempt to re-plead two of his claims provided he can assert specific facts to show the claims are viable.

         I. BACKGROUND

         A. Facts as Stated in the Original Complaint

         As alleged in the original complaint, the plaintiff is an inmate at the Old Colony Correctional Center in Bridgewater, Massachusetts. He at some point was prescribed Risperdal, an anti-psychotic drug. He subsequently developed breasts as a result of taking the drug and contends that the defendants failed to warn him of the drug's side effects. Complaint at pgs. 1-2.

         B. Additional Facts as Stated in the Proposed Amended Complaint

         The proposed amended complaint asserts additional facts and allegations. As alleged therein, J&J and Janssen developed and sold Risperdal. Amend. Compl. at ¶ 2. In or around 2007, Acevedo was prescribed Risperdal in connection with a diagnosed personality disorder. Id. at ¶ 4. Subsequently, Acevedo experienced weight gain, a decreased sex drive, tremors, and increased breast tissue, that is, gynecomastia. Id. at ¶ 6.

         In or around May 2016, Acevedo saw a doctor regarding his mental health disorder and that doctor told him about Risperdal's side effects. The doctor told Acevedo that it was the defendants who informed the doctor of the drug's potential side effects. These disclosed side effects did not include gynecomastia. Id. at ¶ 9-10.

         In 2016, Acevedo stopped taking Risperdal but the tremors and gynecomastia did not decrease. Id. at ¶ 13. As a result of his gynecomastia, Acevedo was subject to taunting inside and outside of prison and suffered from severe depression, suicidal ideation and thoughts of self-mutilation. Id. at ¶ 17.

         II. PROCEDURAL HISTORY

         The plaintiff filed an original complaint on September 29, 2016, and J&J and Janssen moved to dismiss on January 31 and March 24, 2017, respectively.

         The court subsequently issued an order to show cause when the plaintiff failed to respond and the plaintiff by letter dated May 31, 2017 informed the court that he wanted to prosecute his claims but was unsure how to proceed.

         In June 2017 the court stayed the case in order to see if counsel could be obtained to assist the plaintiff. In the interim, on November 20, 2017, the plaintiff moved for leave to amend the complaint. On December 31, 2017, the defendants opposed the motion to amend.

         On April 4, 2018, the court lifted the stay after efforts to obtain counsel for the plaintiff proved unsuccessful.

         III. THE COMPLAINTS

         A. The Original Complaint

         The original complaint appears to assert two claims. It appears to allege that (1) the defendants negligently failed to warn the plaintiff of the side effects of Risperdal, and (2) the plaintiff suffered emotional distress by virtue of the side effects he experienced.

         B. The Proposed ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.