Risperdal Judge Axes Lawsuit on Violation of Statute of Limitations
A Risperdal lawsuit filed by a 24-year old man who alleged gynecomastia complications caused by the medication has been dismissed from a consolidated litigation in the Philadelphia Court of Common Pleas, court records indicate.
According to an Order recently issued by the judge presiding over similar cases against the drug’s manufacturers, Johnson & Johnson and Janssen Pharmaceuticals, the lawsuit has been dismissed on grounds that it was filed after the amount of time required by the state’s statute of limitations. According to his Order, the case was filed in Philadelphia on March 10, 2014, after the statute of limitations period began on June 30, 2009. By that time, the judge said that “the combination of medical journal articles, print media articles, television media exposure, and lawyer advertising created an environment such that any Risperdal user who exercised even a modicum of diligence should have discovered the link between Risperdal and gynecomastia,” which would have made the plaintiff aware that men were filing lawsuits that alleged male breast growth injuries.
Risperdal Plaintiff Unaware of Gynecomastia Complications until 2013, Lawsuit Alleges
The plaintiff in the newly-dismissed lawsuit disagrees with this statement, insisting that he only became aware of Risperdal’s potential to cause gynecomastia in 2013, after seeing an advertisement on television about the men who were filing lawsuits. This was more than a decade after the plaintiff stopped taking Risperdal in 1998, when he was still a minor.
Prior to its dismissal, this Risperdal lawsuit was one of 1,260 filed in a consolidated litigation underway in the Philadelphia Court of Common Pleas. These cases accuse Johnson & Johnson and Janssen of concealing information about the drug’s potential to cause gynecomastia, which may manifest in breast swelling, tenderness, and even lactation. In many of the cases now filed in Pennsylvania, plaintiffs allege the need for mastectomy and liposuction procedures to remove the excess breast tissue that grew out of their use of Risperdal.
Men involved in these lawsuits further accuse Risperdal’s manufacturers of promoting the drug off-label for uses not approved by the U.S. Food and Drug Administration (FDA). Until 2006, this included the treatment of children, according to plaintiffs who were treated with the medication before then.
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