Magistrate Judge Ronald Ellis
Mayo, a veteran disabled by bipolar disorder and a hypothyroid condition, was treated with Janssen Pharmaceutical’s Risperdal anti-psychotic drug while under Dr. Jasser’s care at the Manhattan Veteran Affairs Hospital. He stopped using the drug after developing diabetes and experiencing excessive weight gain. His lawsuit charged the government, Jasser, Janssen and the Manhattan V.A. with malpractice, products liability based on failure to warn and design defect, and rights violation. He claimed he was never warned of the drug’s potential side effects, and that Jasser colluded with Janssen to test Risperdal on veterans. The magistrate judge recommended dismissal of the claims against Janssen and the government, and that the medical malpractice claim against Jasser be dismissed without prejudice because no claims remain. Nothing in Mayo’s complaint showed that Janssen—or corporate parent Johnson & Johnson—failed to adequately warn Jasser of the drug’s side effects. Further Mayo failed to factually support his claim that the government engaged in medical experimentation with him and other veterans for the purposes of testing Risperdal.