A Risperdal lawsuit plaintiff will not be able to pursue his gynecomastia claim, after the Court overseeing hundreds of similar cases in Pennsylvania ruled that his complaint was not timely filed. According to a decision filed in the Philadelphia Court of Common Pleas on January 13th, the Court found that the statute of limitations on the man’s claim began to run by June 30, 2009, at the latest.
All product liability lawsuits are governed by statutes of limitations which vary by state, and which determine how much time an individual has to file their claim. In this case, the plaintiff, a 24-year-old man, resided in Harrisburg, Pennsylvania when he allegedly developed gynecomastia. Pennsylvania has a two-year statute of limitations for these types of lawsuits.
According to the plaintiff’s Risperdal lawsuit, he took the antipsychotic drug as a minor from 1997 until sometime in 1998. At the end of 1998, he observed that he was suffering from symptoms of gynecomastia. However, his complaint maintained that the plaintiff did not become aware of the link between Risperdal and male breast growth until 2013, when he saw attorney advertising about the litigation.
But in last week’s decision, the Court found that the statute of limitations began to run on June 30, 2009 for plaintiffs who began taking Risperdal prior to October 2006, when the drug’s warnings were updated.
“By June 2009, 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,” the order stated.
The case was one of more than 1,200 claims filed in Pennsylvania on behalf of individuals who allegedly suffered gynecomastia, diabetes and other complications due to their use of Risperdal. Many of those involving male breast growth involve plaintiffs who also took Risperdal as children, and it is not known how many of those cases will be impacted by the same type of statute of limitations issues.
All of the Risperdal lawsuits pending in the proceeding accuse the drug’s manufacturers, Johnson & Johnson and Janssen Pharmaceuticals, of failing to adequately warn patients and doctors about its association with serious complications, such as male breast growth. The complaints also claim that the companies improperly marketed Risperdal for children prior to the approval of pediatric indications in 2006, and for other off-label uses.
The Risperdal lawyers at Bernstein Liebhard LLP are already representing numerous men and boys who allegedly experienced excessive breast growth due to this drug. If you are interested in filing a Risperdal gynecomastia claim to obtain compensation for similar injuries, please call to schedule a free legal review.