Plaintiffs In Risperdal Lawsuits Dispute Manufacturers’ Call For Dismissal Due To Statute Of Limitations
Written by Stephen Fields on January 16, 2015
Parents of adolescent boys who took the antipsychotic Risperdal allege that use of the drug caused their sons to develop breasts. The condition is known as gynecomastia. Often accompanied by nipple discharge and tenderness in the breast tissue, it can have a devastating effect on a boy’s self-esteem, health and social interaction.
Johnson & Johnson and Janssen Pharmaceuticals, makers of Risperdal, are now facing over 1,200 Risperdal male breast growth lawsuits filed by angered parents. The majority are pending in the Philadelphia Court of Pleas. In an attempt to limit its liability, J&J recently filed a motion arguing that the cases should be thrown out.
The reason? The plaintiffs waited too long to file them.
If your son was treated with Risperdal and developed swollen breast tissue, call 1-888-210-9968 today and speak with our Risperdal settlement lawyers. Time is running out to seek compensation for the physical and emotional trauma your son has suffered.
J&J And Janssen Try To Have Risperdal Lawsuit Claims Dismissed
The motion filed by J&J noted that the company had warned the public about the increased risk of breast development with use of Risperdal on October 31, 2006. It argued that the clock on the statute of limitations should have started ticking on that date. Asserting that fact, the drug maker asked the court to throw out nearly 500 Risperdal lawsuit claims. It argued that the statute of limitations for them had expired.
A statute of limitations is a deadline by which a claim must be filed. It varies by state. Plaintiffs in drug injury claims, such as those pending against J&J and Janssen, typically have between 1 and 6 years.
One of the most confusing aspects associated with the deadline is when the clock starts. That’s the focus of J&J’s motion to have hundreds of claims summarily dismissed. The company argued that consumers should have been aware of the risk when it was disclosed in October 2006. The clock should have started counting down on that day.
But plaintiffs disagree. They point out that Johnson & Johnson and Janssen had illegally promoted Risperdal for use among adolescents prior to 2006. When the FDA eventually approved limited use of the antipsychotic in children, the companies updated the product labeling to take advantage of its new indications. The new label mentioned that clinical trials showed 2.3 percent of kids taking Risperdal had developed signs of gynecomastia.
Plaintiffs argue that the warning was insufficient. They point out that neither J&J nor Janssen took significant steps beyond updating the safety label to warn consumers and physicians about the gynecomastia risk. No press release about the danger was issued. No letter to the medical community was sent.
Many claimants also assert that the labeling for the antipsychotic remains woefully inadequate, especially in light of the growing number of young boys being diagnosed with enlarged breast tissue.
Risperdal Side Effects In Adolescent Boys May Require Surgery
Many young men who have been burdened with gynecomastia after using Risperdal have opted to undergo invasive surgery. They have received mastectomies to remove the abnormal and embarrassing breast tissue growth.
Unfortunately, surgery alone may not be enough to help them live normal lives. Studies have shown that even mild gynecomastia can have a severe psychological impact on adolescent boys. It can harm their physical and mental health, as well as impair their ability to interact effectively with peers.
Male children should not have to endure the social stigma attached to gynecomastia. Nor should they have to go through a mastectomy for using a medication for which the labeling barely mentions gynecomastia as a possible side effect. Yet hundreds – perhaps thousands – of young boys have had to experience those circumstances.
Johnson & Johnson, rather than offering fair compensation to the victims, has attempted to have their claims thrown out.
Limited Time To File A Risperdal Lawsuit For Compensation
The motion filed by J&J clearly demonstrates that time is running out for those who wish to hold the manufacturers accountable for their families’ injuries. If your son is suffering from Risperdal breast growth, call 1-888-210-9968 today. Our Risperdal lawsuit attorneys are reviewing potential claims brought by families that have been harmed by the drug.
There is no fee for the consultation. Nor are there any legal fees unless we obtain a monetary recovery for you.
Don’t let the deadline pass without speaking to our Risperdal settlement lawyers. Contact our offices to demand the compensation you and your family deserve.