Hundreds of Risperdal Lawsuit Claims Should Be Time-Barred from Pennsylvania Litigation, Janssen Argues
Janssen Pharmaceuticals Inc. has asked a Pennsylvania judge to throw out hundreds of Risperdal lawsuit claims from the consolidated litigation in Philadelphia, arguing that they were filed too long after plaintiffs first tied problems with the antipsychotic drug to their alleged injuries.
According to a motion summary judgment filed on May 19th, the company argues that several cases in the Philadelphia Court of Common Pleas were filed years, and even decades after individuals first made a connection between Risperdal and side effects including male breast growth, a condition also referred to as gynecomastia. As such, the Johnson & Johnson subsidiary should not be required to defend “stale claims” over its product and plaintiffs should be held responsible for “constructive knowledge or inquiry notice” of a claim. This inquiry notice should not have gone past October 31, 2006, the motion states. It is noteworthy to add that Risperdal was not approved by the U.S. Food and Drug Administration (FDA) for pediatric uses before that year, even though Risperdal gynecomastia lawsuits allege that the medication was often prescribed to children long before then.
80 Risperdal Lawsuit Settlements Reached by Janssen
Court records indicate that 80 Risperdal lawsuits have been settled by Janssen, after being filed by patients who also accuse Johnson & Johnson of failing to adequately warn about the drug’s association with gynecomastia. Given this side effect, claimants argue that Risperdal was designed defectively. This medication is currently approved to treat such conditions as schizophrenia and bipolar disorder in adults and adolescents, and is also frequently prescribed to autistic children between 5 and 16 years old for irritability.
Janssen’s motion in May was not its first attempt to offset the mounting Risperdal litigation in Pennsylvania. In February, the company filed a motion for partial summary judgment arguing that gynecomastia-related claims should follow rules in the New Jersey Product Liability Act, which would make them ineligible to receive punitive damage awards. The Philadelphia judge ruled in favor of the motion earlier in May, after finding that the majority of Risperdal marketing activity occurred in that state.
It is estimated that approximately 500 Risperdal lawsuits are currently pending in the Philadelphia Court of Common Pleas, which has scheduled its first trials for July 2014.
How to File a Risperdal Gynecomastia Lawsuit
Contact our Firm to find out if you can file a Risperdal gynecomastia lawsuit against Johnson & Johnson and Janssen. Attorneys can be reached directly at (877) 779-1414.