
    Hazel JACKSON and Clarence Jackson v. JANSSEN PHARMACEUTICALS, INC.; Johnson & Johnson, Inc.; and Pervez Musarat, M.D.; Florida Parishes Human Services Authority; Rosenblum Mental Health Center, LLC; Ann Arretteig, M.D.; Sharon Hoffman, M.D.; and Greenbrier Hospital, LLC
    No. 2016-CC-1767
    Supreme Court of Louisiana.
    01/09/2017
    JOHNSON, C.J., would grant and assigns reasons.
    HUGHES, J., would grant.
    GENOVESE, J., would grant.
   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.  