As Johnson & Johnson (J&J) continues to face hundreds of Risperdal Gynecomastia Lawsuits in courthouses around the country, the drugmaker is now attempting to avoid responsibility in the cases by arguing that plaintiffs waited too long to file their complaints. All of the lawsuits were filed on behalf of boys and young men who allegedly developed abnormal breast enlargement, a condition known as gynecomastia, after taking Risperdal.
Free Risperdal Lawsuit Evaluation: If you or a loved one was diagnosed with gynecomastia after using Risperdal, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against the manufacturer of Risperdal and we can help.
Statute of Limitations (SOL) Raised in Risperdal Gynecomastia Lawsuits
In May 2014, lawyers for J&J’s Janssen division requested a summary judgement, asking Judge Arnold A. New to issue an order which could result in the dismissal of hundreds of Risperdal Lawsuits on the basis that they were filed after the applicable statute of limitations (SOL).
Every lawsuit has a state-mandated SOL, or deadline, which requires the complaint to be filed within a certain amount of time. While the specific time frames vary from state-to-state, most require that any lawsuit be filed within 2 to 3 years of the plaintiff discovering the cause of action. Approximately 500 lawsuits over Risperdal breast growth are currently pending before Judge New in Philadelphia.
In the motion for summary judgement, J&J attorneys asked Judge New to rule that all plaintiffs knew or reasonably could have discovered the link between Risperdal and gynecomastia by October 31, 2006. Commonly referred to as an “inquiry notice,” J&J argues that based on information contained on the Risperdal warning label, this is “the latest date by which any plaintiff claiming to have suffered the injury of gynecomastia from Risperdal use prior to this date should be charged, as a matter of law, with knowledge of a potential connection between Risperdal use and gynecomastia.”
Since a large number of lawsuits included in the Risperdal litigation were filed over the past several years, J&J argues that the complaints should be barred by the SOL. Attorneys representing plaintiffs currently pursuing damages over Risperdal are expected to respond to the motion by June 2014.
What is Gynecomastia?
Gynecomastia is a documented medical condition characterized by the abnormal development of breasts in boys and young men. The condition is usually caused by disease or metabolic disorders, but it has also been linked to the side effects of certain prescription drugs. Due to the fact that other side effects of Risperdal can cause abnormal weight gain, doctors sometimes fail to immediately diagnose gynecomastia.
According to allegations raised in Risperdal Lawsuits, the drug’s warning labels continue to be inadequate and never provided accurate information about male breast growth. Plaintiffs state that if they had been properly warned, they may have avoided developing gynecomastia by avoiding Risperdal or carefully watching for early symptoms of the condition.
Can I File a Risperdal Lawsuit?
Only a qualified attorney can determine whether you are eligible to file a lawsuit against Johnson & Johnson, the maker of Risperdal, which is why we are currently offering free case evaluations. Simply fill out the confidential evaluation form below to contact our law firm now.
Most cases involving pharmaceuticals allege that a drug was sold with design, manufacturing, and/or marketing defects, which typically refers to a company’s failure to warn of a certain side effect. In the case of Risperdal, our attorneys suspect that patients may be able to take legal action in light of claims that J&J failed to adequately warn doctors and patients about the risk of gynecomastia.
How Can Filing a Lawsuit Help Me?
By filing a lawsuit against the maker of Risperdal, you may be entitled to collect compensation for all current and future medical expenses related to the treatment of your gynecomastia, as well as for damages for pain and suffering. Additionally, filing a lawsuit can help hold the drug’s manufacturer accountable for releasing an allegedly defective drug into the marketplace, and to discourage other pharmaceutical companies from engaging in similar conduct.
Do I have a Risperdal Lawsuit?
The Product Liability & Defective Drug Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Risperdal lawsuits. We are handling individual litigation nationwide and currently accepting new Risperdal Gynecomastia cases in all 50 states.
Free Risperdal Lawsuit Evaluation: If you or a loved one was diagnosed with gynecomastia after taking Risperdal, you should contact our law firm immediately. You may be entitled to compensation by filing a Risperdal Suit and we can help.