Jackson v. Janssen Pharmaceuticals, Inc.

Supreme Court of Louisiana

Jackson v. Janssen Pharmaceuticals, Inc.

208 So. 3d 881, 2017 La. LEXIS 3

CourtSupreme Court of Louisiana

DecidedJanuary 9, 2017

DocketNo. 2016-CC-1767

StatusPublished

This text of 208 So. 3d 881 (Jackson v. Janssen Pharmaceuticals, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jackson v. Janssen Pharmaceuticals, Inc., 208 So. 3d 881, 2017 La. LEXIS 3 (La. 2017).

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Opinion

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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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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Bluebook (online)

208 So. 3d 881, 2017 La. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-janssen-pharmaceuticals-inc-la-2017.